Lawsuit Against TeraWulf, Lansing Zoning Board May Proceed, Judge Rules

Judge Mark Masler '93 of the Tompkins County Supreme Court has ruled that a lawsuit brought by environmental groups FLX Strong and Cayuga Environmental Action Now (CLEAN) against TeraWulf, its subsidiaries, and the Lansing Zoning Board of Appeals (ZBA) may proceed. The lawsuit challenges the ZBA's December 2023 decision, which voted 3-2 to classify TeraWulf's proposed data center at the former Milliken power plant site as a "general processing facility," a term not defined in the Lansing Zoning Code and not allowed in "lakeshore" areas. TeraWulf and the ZBA had filed a motion to dismiss the case, arguing that the alleged harms cited by the petitioners were speculative. However, Judge Masler denied this motion, stating, "The alleged harm is not speculative." Petitioners raised concerns about constant, pervasive noise from the data center impacting bird populations at Cayuga Shores and inhibiting birdwatching, with experts like Christopher Tessaglia-Hymes from the Cornell Lab of Ornithology and audio signal processing engineer Harold Mills providing testimony. Mills, who lives two miles from the site, also asserted that the noise would impair his living conditions. The judge's decision affirmed that this is a zoning-related matter concerning the enjoyment of Cayuga Shores and its surrounding community. Ken Woltkin, an FLX Strong member, stated the decision validates concerns about TeraWulf's development intentions and represents a challenge to a "highly consequential legal misinterpretation" by the ZBA. This ruling ensures that the environmental groups' legal challenge to the data center's classification will move forward, with the ZBA and developers required to file their answers by May 22. The decision follows the Lansing Planning Board's review of TeraWulf documents and the New York State Department of Environmental Conservation's permit for TeraWulf affiliate Cayuga Operating Company to draw 1 million gallons of water daily from Cayuga Lake.