Attorney challenges Vineland officials over AI data center approval

An artificial intelligence data center operated by DataOne Vineland LLC in East Vineland, New Jersey, is encountering significant legal and public challenges, even as city officials review a major revision to its expansion plans. DataOne, which operates the site for owner Nebius Group N.V., initially sought to power its 300-megawatt facility using 32 natural gas-burning generators from Bergen Engines due to Atlantic City Electric's inability to provide timely power. However, the company has since proposed generating all its electricity needs on-site using Bloom Energy's fuel cell technology.

At a special six-hour planning board meeting on August 5, which concluded without a decision, attorneys and professional planners representing neighboring property owners and environmental groups like Earthjustice and Sustain SJ raised critical objections. Opponents, including attorney Ray Went and planner Peter Steck, contended that the data center is not permitted under current Vineland zoning ordinances, which do not specifically list data centers as an approved use. They further argued that the city's process for changing the property's zoning from residential to industrial/business violated the state Municipal Land Use Law, rendering the ordinance legally invalid.

DataOne's attorney, Michael Fralinger, countered that the zoning ordinance was intentionally broad and that data centers qualify as an accepted industrial use. He also emphasized that the revised design, incorporating fuel cells, aims to address environmental concerns such as noise, water usage, air emissions, and grid impact by ensuring the project pays for its own power without burdening existing utility customers. The Vineland Planning Board has yet to announce a date for a follow-up meeting to continue its review of the revised proposal.