Lawsuit filed over data center pollution permit
The Sierra Club has filed a lawsuit against the Wisconsin Department of Natural Resources (DNR) concerning an air pollution control permit approved for the Vantage Data Centers Lighthouse Campus in Port Washington. The lawsuit alleges that the DNR failed to require a necessary environmental impact statement (EIS) for the project, which is expected to have significant environmental impacts. It seeks to reverse the DNR's permit approval until an EIS is conducted.
The Sierra Club, represented by Midwest Environmental Advocates, has filed a lawsuit against the Wisconsin Department of Natural Resources (DNR) over its approval of an air pollution control permit for the Vantage Data Centers Lighthouse Campus in Port Washington. The lawsuit claims the DNR failed to require a comprehensive environmental impact statement (EIS) for the hyperscale data center project, despite initially indicating one would be necessary due to its "scope and scale."
The lawsuit asserts that the DNR's environmental review was inadequate, noting that an initial analysis in December did not include a public comment period or hearing, and failed to address critical impacts such as recreational resources, climate change from increased power demand, and compatibility with state clean energy goals. Vantage Data Centers had reportedly expressed concern that an EIS would jeopardize the project, with a representative texting Port Mayor Ted Neitzke that an EIS would "kill the project."
The Sierra Club's legal action argues that the Vantage data center, which will span 672 acres, require over 1.3 gigawatts of power, and necessitate new transmission lines and a gas-fueled power plant, meets the criteria for a detailed EIS under the Wisconsin Environmental Policy Act. The suit highlights potential increases in state greenhouse gas emissions by up to 1.7% annually and health risks from 45 diesel backup generators. The Wisconsin Public Service Commission has already determined the project significantly affects the human environment and prepared its own EIS. The lawsuit seeks to block the permit until the DNR complies with environmental review requirements. The case has been assigned to Ozaukee County Circuit Judge Steve Cain, with no hearing dates yet set.
This legal challenge is the latest in ongoing controversies surrounding the data center project in Ozaukee County, which has faced repeated calls for an EIS from individuals and environmental groups since its announcement.