B.C. Hydro’s Moratorium on Crypto Mining Deemed Reasonable by British Columbia Court

Key Takeaways

• Judge noted that the government’s decision to halt new connections for crypto mining for 18 months was not unfairly discriminatory.
• Justice Tammen’s ruling emphasized that B.C. Hydro’s moratorium on new cryptocurrency mining projects was grounded in a cost-of-service approach

In a recent legal battle, British Columbia’s provincial power utility, B.C. Hydro, emerged victorious as a provincial supreme court judge upheld its decision to impose a moratorium on new cryptocurrency mining projects. The ruling, announced on Monday, marked a significant milestone in the ongoing debate over the energy-intensive practice of crypto mining.

The case was brought before the court by Conifex Timber Inc., a forestry company that had ventured into cryptocurrency mining. Conifex aimed to challenge the validity of B.C. Hydro’s policy, arguing that it was unjust. 

However, Justice Michael Tammen’s ruling, issued on Friday, sided with B.C. Hydro, affirming that the government’s decision to halt new connections for cryptocurrency mining for 18 months was reasonable and not unfairly discriminatory.

At the heart of the dispute lay B.C. Hydro’s concerns regarding the substantial energy demands associated with cryptocurrency mining operations. CEO Christopher O’Riley underscored in court filings the significant electricity consumption anticipated from the proposed data centers by Conifex, posing potential challenges to the utility’s infrastructure and affecting energy affordability for the wider populace.

Justice Tammen’s ruling emphasized that B.C. Hydro’s moratorium on new cryptocurrency mining projects was grounded in a cost-of-service approach, aiming to ensure accessible and affordable energy while addressing the unique energy consumption patterns of crypto mining.

Responding to the ruling, Conifex expressed disappointment and hinted at a potential appeal. The company argued that the continued ban on new crypto projects represented a missed opportunity for economic growth and innovation in the province.

The legal battle highlights the broader debate surrounding cryptocurrency mining and its implications for energy resources and economic development. With several Canadian provinces, including British Columbia, imposing restrictions on new crypto mining operations, questions arise about Canada’s stance in the evolving crypto landscape.

Meanwhile, Energy Minister Josie Osborne defended the moratorium, citing the significant energy consumption associated with crypto mining and its limited contribution to local job creation.

The ruling in British Columbia adds to the ongoing regulatory actions in other jurisdictions, such as New York State’s imposition of a two-year moratorium on crypto mining in November 2022.