Though a state Supreme Court judge upheld the Department of Environmental Services decision to revoke Bio Energy’s solid waste permit, the company can still seek to reopen the power plant and burn clean wood for fuel.

Bio Energy LLC spokesman Mark Dell’Orfano said the company intends to pursue operations at the West Hopkinton power plant by using clean wood, and be part of the state’s pledge to provide renewable energy by 2025.

Regenesis, the parent company of Bio Energy LLC, has met opposition from the town and residents since it proposed reopening the West Hopkinton plant in 2002, and burning construction and demolition debris that could contain lead.

The Supreme Court agreed with DES that the company provided false and misleading statements regarding the criminal records of major shareholders.

The principal in question, Anthony DiNapoli, had served as Bio Energy Corp.’s president, holding a 50-percent share in the company. In a matter of days from when the company filed the application in which DiNapoli stated he had no criminal convictions, he was indicted on felony witness tampering charges. While the permit application was pending, DiNapoli was convicted in March 2002.

According to court records, the DES was unaware of the criminal record and conviction, and issued the permit in May 2002.

With the court’s decision, Regenesis and REACH, Residents Environmental Action Committee, each say it’s a victory for their side.

“REACH and its members throughout the community are pleased and heartened that our Supreme Court agreed with the DES and the Waste Management Council, all of which found that Bio Energy acted in a false or misleading manner in its dealings with government regulators,” said John Friberg, REACH vice president and one of the two lawyers who volunteered to litigate the case for the citizen group.

He said the company knew of the conviction but made the decision to provide false or misleading information to DES.

Dell’Orfano said some aspects of the Supreme Court’s decision are favorable, showing the company has the reliability and integrity to operate a facility.

But, Regenesis is disappointed with the court’s decision to uphold the permit’s revocation.

“We believe that we followed the law. We worked in conjunction with experienced legal counsel to prepare and file all of the facility’s permit applications.

There was never an intent to mislead anyone, especially not the DES, who we have always had an excellent working relationship with,” said Dell’Orfano.

Ron Lajoie, a volunteer attorney on REACH’s behalf, said citizens have won another major victory against Bio Energy’s plan to resume operations.

But the company still has three pending court cases to fight – one filed by CFNH, Citizens for a Future New Hampshire, challenging the validity of Regenesis’ solid waste permit; a company declaratory judgment petition against DES on an air permit; and a court action seeking legal fees against Hopkinton’s cease-and-desist order.

“Litigation is not over, Regenesis/ Bio Energy still has plans to burn virgin wood without reducing emissions to current standards,” said Lajoie. “The company is suing the state in Superior Court to avoid going through a more stringent review of its potential emissions, a review that would impose costly modifications to its facility.”

Lajoie said he believes the company’s integrity is still in question.

“New Hampshire citizens have a right to demand that only honest and trustworthy people are entrusted with the opportunity to run a company that has the potential to pollute the air we breathe,” he said. “We cannot entrust our children’s health to individuals who put profits above safety and who bend the truth to accommodate their financial goals.”

Friberg said the company has spent years and “untold dollars” on litigation, instead of working to meaningfully address major community concerns.

“This court decision should be of significant interest to the people of Hopkinton, Groveton and wherever else Bio Energy, Regenesis or Xgenesys Development are proposing similar ‘bio fuel’ and waste to energy projects,” he said.

The company hopes to provide electricity generated from biomass, which Dell’Orfano said, is a win-win for New Hampshire.

“Electricity generated by biomass is carbon neutral, meaning that it does not adversely increase that amount of carbon currently in the atmosphere,” he said.