Ruling stays CAN DO’s request to supply water to Project Hazelnut
Administrative law judges have temporarily halted CAN DO's request to supply water to NorthPoint Development's Project Hazelnut data center. This decision comes as a legal challenge regarding the project's land use approval is still ongoing in court. Residents have also expressed concerns about water availability and the environmental impact of the proposed data center.
Administrative law judges Emily Farren and Steven Haas have issued an order to stay the application by CAN DO to provide water service to Project Hazelnut, a proposed data center development by NorthPoint Development. The judges cited precedent requiring land use approval before water service can be extended, noting that the project is currently embroiled in ongoing land use litigation.
NorthPoint Development's plans for Project Hazelnut on 1,345 acres were denied land use approval by the Hazle Township Supervisors in November. This decision was upheld by Luzerne County Judge Lesa Gelb, prompting NorthPoint to appeal to the Commonwealth Court, where the case is still pending. The judges' decision to suspend proceedings on the water request also put on hold CAN DO's motion for summary judgment regarding a challenger's standing.
Residents, including Lisa Logan of Sugarloaf Township, Erika Cook, Ed Negra, John Zola, Joan Gallagher, Joan Falatovich, Michael Daly, Nate Eachus, and Susan Abazly, raised numerous objections during telephone hearings. Concerns ranged from the prematurity of granting water service given the unresolved land use appeal, to broader issues of water availability, drought conditions, the impact of previous coal mining, and the constitutional right to clean water. Opponents highlighted that the data center's cooling systems could require 2.8 million gallons of treated sewage per day from the Greater Hazleton Joint Sewer Authority, separate from the 30,000 gallons per day of potable water requested from CAN DO for other uses.