Supreme Court’s Restrictions on EPA Oversight Could Impact Bitcoin Mining

The Court’s ruling will have ramifications on the EPA’s ability to regulate energy plants as an industry and could prompt states to do more.

The Supreme Court issued a ruling on Thursday that limits the Environmental Protection Agency’s (EPA) ability to regulate carbon emissions from power plants, which could have an impact on Bitcoin and other cryptocurrency mining operations that source their power from fossil fuels.

Citing the “major questions doctrine,” the court said they “declined to uphold [the] EPA’s claim of ‘unheralded’ regulatory power” over energy plants and that rules need to be specifically mandated by Congress, according to the Supreme Court ruling.

“It greatly complicates the ability of the EPA to use the Clean Air Act as a regulatory tool on climate,” U.S. Congressman Jared Huffman, lead author of a letter from House Democrats calling for more EPA oversight on crypto mining, told Decrypt.

While not specifically aimed at cryptocurrency mining operations, the Supreme Court’s decision could also limit the EPA’s ability to regulate the facilities at the behest of President Joe Biden’s executive order issued in March on ensuring the responsible development of digital assets.


Huffman thinks if crypto mining operations are “celebrating, and thinking that crypto now has a green light to continue devouring huge amounts of energy contributing to air pollution and e-waste,” they’re wrong.

He stated that it’s likely the EPA will still be able to go after particular crypto mining operations, “especially if they're tied to a fossil fuel power plant,” whether that could be in relation to extending the life of a plant or bringing a coal plant back online to generate electricity for cryptocurrency mining.

One of the executive order’s principal policy objectives is implementing the use of cryptocurrencies in a way that “reduces negative climate impacts and environmental pollution, as may result from some cryptocurrency mining,” and the EPA was included as one of the agencies necessary in enacting actions required under the executive order.

The court’s opinion was written by Chief Justice John Roberts and said the Clean Air Act does not authorize the agency to regulate the carbon output of power plants as a whole industry, aside from ones that are specifically coal-fired. 

The decision also emphasized that Congress must authorize rules considered transformational to “a fundamental sector of the economy” before they can be adopted by the EPA or any executive agency to address a certain issue, such as climate change.

The court’s decision follows a letter sent by House Democrats to the EPA last month calling for “increased oversight” into the environmental impact of cryptocurrencies, which Bitcoin advocates responded to in their own letter to the agency, saying the statement from House members was full of “misconceptions.”

Referencing the letter sent by Bitcoin enthusiasts that included signatures from Block CEO Jack Dorsey and MicroStrategy CEO Michael Saylor, Huffman said the argument that people’s “beef is with the grid, not with crypto” doesn’t hold up anymore.

“It's going to be harder to green the grid after this ruling,” Huffman said. “I think it becomes harder for crypto to say we're just a benign user of electricity on a grid that keeps getting greener.”

Huffman said crypto mining companies will continue to chase the cheapest energy they can find in fossil-fuel-friendly states, while states like California will step in to fill the void left by the Supreme Court's ruling.

On Thursday, as the Supreme Court struck a blow to the EPA’s authority, legislators in New York denied a renewal application for a Title V air permit from Greenidge Generation, LLC, a gas-fired power plant that uses energy to mine Bitcoin in Yates County, New York.

Basil Seggos, Commissioner of the New York State Department of Environmental Conservation (DEC) announced the agency’s decision in a tweet, stating that “burning fossil fuels to power crypto mining tripled facility emissions.”

BREAKING: @NYSDEC has denied Greenidge Generation’s application to renew its Title V air permit as inconsistent with the state’s climate law. Burning fossil fuels to power crypto mining tripled facility emissions.

New York continues to lead on climate.

— Basil Seggos🇺🇸🇺🇦 (@BasilSeggos) June 30, 2022

According to a statement posted on its website, the DEC’s denial was partly based on the fact that the facility “rather than solely providing energy to the state's electricity grid, … now primarily provides energy behind-the-meter to support the demands of Greenidge's energy-intensive proof-of-work cryptocurrency mining operations.”

Earlier this year, New York state lawmakers passed a two year moratorium on crypto mining operations that are powered by fossil fuels and use proof-of-work, a method of verifying blockchain transactions that requires large amounts of computational power, but the bill has yet to be signed by Kathy Hochul, the state’s governor.

Hochul shared a tweet on Thursday commending the DEC for its decision and stated, “While the Supreme Court sends the federal government backwards in the fight against climate change, New York will continue to lead.”

While the Supreme Court sends the federal government backwards in the fight against climate change, New York will continue to lead.

I applaud @NYSDEC’s decision, which will stop future increases in greenhouse gas emissions at Seneca Lake.

— Governor Kathy Hochul (@GovKathyHochul) June 30, 2022

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Palay-Palay  National ParkAbout PagudpudFive Levels of Aguinid FallsIntroducing San Pascual, MasbateMount Manmanoc ItineraryAdventures in Fortune Island of Nasugbu | LakwatseroNext Level Mobile Photography with Sony Xperia XZ1 | LakwatseroScuba Diving in Siargao: Discovering the Underwater Treasures of Daku Island | LakwatseroAbout Davao CityHow to Get to AndaJanuary: Cebu & IloiloHow to Get to Mines View ParkKamay ni Hesus: Pilgrimage Site in Lucban | LakwatseroPoon Hill: Three Days of Himalayan AdventureCalvary Hill Cemetery of SagadaHow to Get to TambobongMilford SoundTen Things To Do in Sagada: Bucket List for NewbiesDahoyhoy FallsPilot for a Day: The Ultra Light Aircraft Experience | LakwatseroReal Coffee and Tea Cafe of Boracay | LakwatseroGhorepani Poon Hill TrekAbout Maniwaya IslandHow to Get to Binanga FallsPalo Alto Falls of Baras, Rizal | LakwatseroExplore Moscow: Best Things to Do in the City | LakwatseroStairway to HeavenMount Guiting-Guiting Overnight Trek Complete ItineraryCape Melville LighthouseLa Cathedral Café: Restaurant with a View in IntramurosKapurpurawan Rock Formation: White and BeautifulDay Hike ItineraryThe Sandbox at AlvieraHow to go to Mararison IslandA Weekend of Adventures in South Cebu and DumagueteCalayan Island: A Virtual Diary of Our Epic Journey | LakwatseroFaro de Isla Jintotolo (Jintotolo Island Lighthouse)Low’s PeakAbout Taal VolcanoHow to Get to Mag-aso Falls of BoholSamar: Biri Rock Formations Up Close | LakwatseroBonbon BeachIntroducing Jomalig IslandAbout Cotabato CityAbout TabukLeyte Landing Memorial: A Memorial for a Fulfilled Promise | LakwatseroSilyang Bato, Mount MaramiPanimahawa Ridge and Cedar Falls Day Hike ItineraryFun in the World’s Best IslandSample Albay ItinerariesMagpupungko Beach and Tidal Pools6 Tips for Living in the Philippines | LakwatseroDaraga Church: The Nuestra Señora dela Porteria ChurchTulgao Rice TerracesCape Melville Lighthouse (Faro del Cabo Melville)Canyoneering to Kawasan FallsLake FewaLong Weekend: Five-Day Suggested Itineraries in Luzon | LakwatseroAbout CaponesThe Wichcraft Café of Zamboanga City | LakwatseroHow to Get to GuiuanAll-Female FloorHow to Get to Neri’s VilleDiotay’s EateryShort but Sweet Melaka Getaway | LakwatseroHow to Get to Tinuy-An FallsOslob: The Lost Grandeur of Tumalog Falls | LakwatseroIlocos ItineraryDitumabo Falls: The Mother Falls of San Luis, Aurora!Biking in Kalinga: Trek and Bike to TabukParadise Garden: A Haven for Sea TurtlesSiargao: Magpupungko Beach and Tidal Pools | LakwatseroAbout Bucas GrandeCoral GardenSagadaA Walk in Sangay Siapo Island Before it is Gone? | LakwatseroAmbaguio-Akiki ItineraryCorregidor Island Lighthouse (Faro dela Isla de Corregidor)Faro de Punta de Malabrigo (Malabrigo Point Lighthouse)About CulionNaidi Hill LighthouseBoquete IslandHow to Commute to Temple of LeahCatanduanes: The Heritage Church of Bato | Lakwatsero1. White Water Rafting or KayakingMount Fuji Overnight Climb ItinerarySip & Gogh Paint Studio: Unleash Your Inner Van Gogh | LakwatseroBatanes ItineraryHow to Get to Quitinday HillsAbout Callao CaveDiscover LakawonBiking to Taal: A Fun Ride to Batangas’ Heritage TownAntique Blooming: The Rafflesia of San RemigioMalasimbo Lights and Dance FestivalBacolod ItineraryPoon HillAttractions in Mirador Heritage and Eco ParkHulhumale Public BeachRomblon Island: Bonbon Beach, Tiamban Beach & MoreAdventure in Sabah: White Water Rafting in Padas River | LakwatseroHow to Get to Hinakpan Mystical HillsWelcome to Lake SebuAbout CasiguranAbout BuscalanHow to Go to Kalanggaman IslandFaro de Cabo Bojeador (Cape Bojeador Lighthouse)Backpacking Maldives: Budget Itinerary, Expenses & TipsHow to Get ThereOffbeat Bohol Itinerary: 3D/2N of AdventuresHow to Get to Tawi-TawiAlona BeachPangilatan Falls: The Forgotten Gem of Tapaz, CapizWorld War I: SMS Cormoran II3D/2N Taiwan Itinerary: Taipei – Yehliu – ShiffenLaos for Backpackers: Getting There on a BudgetBasic RequirementsHow to Get to Antong FallsCathedral CaveHow to Go to Gubat, SorsogonAbout SadangaHow to Get to Bugui Point LighthouseHow to Get to Cabra Island LighthouseCebu Itinerary: Three-Day Adventures in the SouthAbout AndaLuna: A Day in the Show Window of Apayao | LakwatseroMargues Blue LagoonFinding Palaui’s Cape Engaño Lighthouse | LakwatseroHow to Get to Mantayupan Falls of Barili, CebuHow to Get to MaligcongLinapacan Islands: Between Paradise | LakwatseroKLIA to KLCCHow to Get to JomaligBanaug ShoalEspadang Bato – Payaran Falls Day Hike Itinerary10 Remarkable Philippine Destinations for Solo TravelMiagao Church: A UNESCO World Heritage Site in IloiloAbout Carbin ReefAbout Parola IslandCabra WreckageCobra Falls: Ozamiz City’s Best Kept SecretBasco: The Chapel on the Hill of Tukon | LakwatseroBack in Kathmandu’s Lovely Mess | LakwatseroHimalayan Adventure: Kathmandu to Pokhara Overland | LakwatseroItineraryChinatown Vancouver (Stop #23)Situbo Falls: Tampilisan's Awesome SurpriseHow to Get to Inambakan FallsTuasan Falls: Another Camiguin’s Charmer | LakwatseroHow to Get to Lake SebuMarinduque Loop: Biking in the Heart of the Philippines1. 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Cruz Grande IslandBasilica de San Martin de ToursBaguio Budget Stay: Upstairs Bed & Bath | LakwatseroBiking in Batanes: Batan Island Loop | LakwatseroCandaba Bird SanctuaryCape EngañoAbout HungduanIligan Tourism Triangle: Mimbalut, Tinago & Maria CristinaAbout Jose PanganibanCadapdapan Rice TerracesHow to Get to Casaroro FallsKiltepan: Sagada’s Best Sunrise | LakwatseroBeguet: Colorado Falls of Tuba | LakwatseroFollow the Call of the Great Outdoors: Go Out & Get More | LakwatseroSanga-Sanga ReefMasbate City: Where to Eat in the City | LakwatseroAbout Carabao IslandRain Vortex at the Jewel of ChangiPacsafe Venturesafe 65L GII Travel PackIrakoWhere to Stay in CarmenHow to Get to Tangadan FallsHow to Get to Samal Island