Description: Challenge to site plan approval for a Bitcoin mining facility.
Sierra Club v. City of North Tonawanda
Filing Date Type File Action Taken Summary 03/17/2022 Order Download Motions to dismiss granted. New York Court Dismissed Challenge to Approval for Bitcoin Mining Facility on Standing Grounds. A New York Supreme Court dismissed a lawsuit challenging the City of North Tonawanda Planning Board’s approval of a site plan application for a Bitcoin mining facility. The petitioners asserted that the City and the Planning Board violated New York's State Environmental Quality Review Act, New York's Climate Leadership and Community Protection Act, and other state and local laws. The court ruled that the petitioners—Sierra Club and three individuals who alleged that they resided “nearby” the site of the proposed facility—lacked standing. In a statement from the bench, the court said the petitioners failed to define exactly what “nearby” means and that they made only “conclusory, nonspecific assertions” about the harms they would suffer, which included increased air pollution, noise pollution, greenhouse gas emissions, and increased traffic that would “impact their quality of life and conservation interest.” The court therefore found that the petitioners failed to establish they would suffer an injury different in kind from that of the public at large. The court further concluded that even if the petitioners had standing, the proceeding was untimely. The petitioners appealed the decision. 11/01/2021 Petition Download Petition filed.