FLX Strong and CLEAN Celebrate After Judge Rules Lawsuit Can Continue Against Data Center Approval in Lansing

In a recent ruling, the court allowed FLX Strong and CLEAN to proceed with their lawsuit against the Town of Lansing Zoning Board of Appeals (ZBA), TeraWulf, and Lake Hawkeye regarding a zoning interpretation in favor of a proposed data center that poses environmental hazards.

See the full press release below:

LANSING, NY – FLX Strong and Cayuga Lake Environmental Action Now (CLEAN), local environmental advocacy groups, have secured a significant legal victory in their ongoing effort to protect the natural beauty of Cayuga Lake and its surrounding community. In a recent ruling, the court allowed FLX Strong and CLEAN to proceed with their lawsuit against the Town of Lansing Zoning Board of Appeals (ZBA), TeraWulf, and Lake Hawkeye regarding a zoning interpretation in favor of a proposed data center that poses environmental hazards.

The court's decision affirms FLX Strong and CLEAN's legal standing to challenge the ZBA's classification of the data center as a permissible land use in a district adjacent to the lakefront and to a protected wildlife preserve. The ZBA had sought to insulate the challenged classification from legal challenge by arguing that FLX Strong and CLEAN and other community members were not specifically harmed by it, but the court ruled that the ZBA’s arguments “fundamentally misconstrue the law.”

The court’s ruling affirms the ability of local residents to challenge threshold zoning decisions that can transform communities by opening them up to new development like data centers. The court’s decision also recognizes the legitimate concerns of local residents regarding noise pollution and its impact on protected natural areas and communities.

"Judge Masler's decision affirms what we long knew: that Lansing and other area residents can reasonably be said to face harm from TeraWulf's ecocidal development intentions; that the ZBA's zoning decision is at the core of allowing that potential harm to move forward; and that our challenge to the ZBA's decision is not one of personal vendetta, but instead a matter of highly consequential legal misinterpretation,” said FLX Strong member Ken Wolkin. “FLX Strong and our partners at CLEAN look forward to pursuing the rights of Lansing and other area community members as this case moves forward."

"We are thrilled with the court's decision, which validates our mission to protect Cayuga Lake," said Stephanie Redmond of CLEAN. If the court had accepted the ZBA’s standing arguments, it would have meant that its zoning decision in favor of the data center could not be challenged in court. But the ruling highlights the importance of community involvement in local land use decisions and reaffirms our commitment to ensuring that future developments prioritize environmental sustainability."

The lawsuit was initiated by CLEAN along with fellow environmental advocates, FLX Strong, to contest the ZBA's approval process and emphasize the need for careful consideration of the ecological implications of industrial development. The court determined that the claims presented by FLX Strong and CLEAN are ripe for judicial review, marking a pivotal moment in the fight for responsible land use.

As the situation evolves, FLX Strong and CLEAN remain committed to transparency and will provide ongoing updates to the community and the media. The ZBA and the involved companies are expected to respond to the court's ruling soon.

For more information about CLEAN and its ongoing initiatives, please visit https://cleancayugalake.org