Environmentalists sue state over cryptomining power plant near Buffalo that uses fracked gas

The lawsuit challenges the PSC’s approval of the sale and is the first legal action of its kind to demand that a state agency follow the legal obligations established by New York’s landmark climate law, according to the plaintiffs.

Fortistar operates a 55-megawatt gas-fired power plant in North Tonawanda, between the Erie Canal and the Niagara River. The plant uses gas that is extracted through hydrofracking, which isn’t allowed in New York but which takes place in other states including Pennsylvania and Ohio.

Over the last five years, Fortistar, Earth Justice says, has only run between 10 and 74 days per year, emitting relatively small amounts of carbon dioxide or CO2 greenhouses gases.vIt’s not unusual for some older power plants to operate as “peakers,” or facilities that are turned on only when there is peak demand for electricity, such as summer heat waves when air conditioning use spikes. 

But with the PSC’s approval, the new owners, Digihost will be able to operate 24/7 all year long, leading to much higher emissions, up to 3500 percent more, the plaintiffs allege.

“The PSC is failing in its role as a regulatory body to protect public health and to uphold the requirements of the Climate Leadership and Community Protection Act,” Chris Murawski, Executive Director of Clean Air Coalition of Western New York, said of the case.

Increased operations at Fortistar would also result in higher levels of local air pollutants that cause asthma, cancer, and maladies, the litigants say.

“Everything changed when New York State enacted its landmark climate law, which requires all its agencies to consider the effects of their decisions on greenhouse gas emissions and the plight of disadvantaged communities,” said Roger Downs, conservation director for the Sierra Club Atlantic Chapter.

“Allowing a failing gas fired power plant to be acquired and revived by an energy hungry cryptomine, without considering the environmental impacts, runs counter to the intent of the climate law,” he added.

PSC officials declined to comment, saying they don’t talk about ongoing litigation.

While the PSC approved sale of the plant, another agency, the state Department of Environmental Conservation in June denied approval of an air emissions permit for another cryptomine, the Greenidge Generation plant, which is in the Finger Lakes region. They also produce power that goes to the state’s energy grid.