Community Advocates Plan to Sue Data Center Company Over Illegal Air Pollution in New Jersey

Notice of intent to sue outlines Clean Air Act violations at DataOne facility

Contacts

Tylar Greene, [email protected]

Today, Sustain South Jersey (Sustain SJ), represented by Earthjustice, sent DataOne Vineland LLC, DataOne USA LLC, Nebius Inc., and Northeast Precast LLC, along with state, regional and federal agencies, a notice of its intent to file an enforcement lawsuit against the companies for violations of the Clean Air Act.

Despite not acquiring the necessary federal permits, the DataOne facility, about 40 miles outside of Philadelphia and one of the largest on the East Coast, has been illegally operating 62 gas powered generators to fuel the massive data center. These generators release toxic air pollutants that can lead to severe respiratory, cardiovascular and neurological health issues.

"Data centers like DataOne have real adverse impacts on the community," said Matt Williams, chair of the board for Sustain SJ. "Since construction began, the process has lacked transparency, leaving many community members sidelined, our voices disregarded and decisions seemingly made without any regard for the law. They should be held accountable."

DataOne has also yet to obtain the required minor source permits for the energy source approved in the site plan by the Vineland Planning Board as well as other smaller pieces of diesel or gas-powered equipment. These permits require that the public be notified and have input on applications for air pollution permits, something DataOne has completely bypassed and failed to do.

"DataOne's illegal operation of pollution-spewing generators in an area that is already in nonattainment under the Clean Air Act threatens the health and well-being of Vineland residents and of Cumberland County at large" said Casandia Bellevue, senior associate attorney at Earthjustice. "Regulatory compliance is not optional, and DataOne must be accountable to the surrounding community and to the Clean Air Act for its violations."

Background

The Vineland Planning Board held hearings after DataOne first broke ground in 2025 and sought approval for expansion of their facility in South Vineland. Sustain SJ opposed the site plan expansion because of a noncompliant stormwater management plan, inconsistencies in DataOne's claimed water and electricity usage, noise from the facility, and other community concerns. The Vineland Planning Board ultimately approved the site plan despite opposition from numerous Vineland residents and expert testimony. After the hearings, news reporting revealed that DataOne had been operating 62 gas-powered generators at the site, a fact that was previously unknown to the public. The New Jersey Department of Environmental Protection has since issued an Administrative Order and Notice of Civil Administrative Penalty Assessment fining DataOne over $1 million for operating 62 unpermitted generators in violation of the Clean Air Act.

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