Residents sue Newport Twp., commissioners over data center campus approval
Three Luzerne County residents sued Newport Township and its commissioners over approval of a proposed 15-data-center campus, alleging the township violated Pennsylvania's Sunshine Act during a special meeting. The lawsuit seeks to invalidate the zoning ordinance, regulations and permits that enabled the project, which is being developed by Fit Energy with FuelCell Energy expected to provide power.
Three Newport Township residents filed suit in Luzerne County Court against the township and its commissioners, alleging officials failed to properly advertise and identify matters considered during a five-minute April 21, 2026, special meeting. The plaintiffs argue that actions taken at or after the meeting—including a 200-page zoning ordinance allowing data centers by right, related regulations and permits for 15 data centers—should be declared legally invalid under the Pennsylvania Sunshine Act and Municipalities Planning Code.
The proposed $35 billion campus would occupy about 1,386 acres of former mining and quarry land and include roughly 7.7 million square feet of development. Fit Energy, backed by Fit Ventures, says it plans to use non-combustion natural gas fuel cells supplied by FuelCell Energy to reduce strain on the regional power grid. Township officials maintain the zoning change was properly advertised, while the lawsuit contends the permits lack a valid legal foundation.