Environmental groups sue DNR over Port Washington data center reviews

Environmental groups, including Midwest Environmental Advocates and The Sierra Club, have filed a lawsuit against the Wisconsin Department of Natural Resources (DNR) in Ozaukee County Circuit Court. The suit challenges the DNR's environmental review and air permits for 45 diesel generators at a $15 billion artificial intelligence data center in Port Washington, developed by Vantage Data Centers for Oracle and OpenAI.

Plaintiffs allege the DNR's environmental analysis was substandard and failed to meet state statutes requiring a formal Environmental Impact Statement (EIS), which would include public input and a broader assessment of environmental impacts. Public records show DNR staff initially indicated an EIS would be required, but later pivoted after Vantage staff suggested it would "kill the project" and referenced the governor's office.

Environmental advocates and public health experts have criticized the diesel generator permits, raising concerns that one-hour pollution spikes could exceed national air quality standards. The DNR, which approved the permits on June 12, responded that continuous one-hour use is not probable. The data center is projected to significantly increase statewide energy demand, requiring new natural gas plants and transmission lines, further contributing to greenhouse gas emissions. The lawsuit is part of broader legal and political challenges to the Port Washington project, known as The Lighthouse.

Midwest Environmental Advocates attorney Michael Greif stated the case is about "transparency and accountability," asserting Wisconsinites' right to know why a major development is proceeding without adequate environmental review and public input.