Insufficient Draft Scope of Environmental Review Leaves New Yorkers Alarmed
On Wednesday, as a prohibitively brief public comment period came to a close, the advocacy organization Food & Water Watch and allies delivered 5,528 comments to Governor Kathy Hochul from alarmed New Yorkers detailing the many flaws and inadequacies of the administration’s current review of new hyperscale data centers. In July, Hochul issued an executive order implementing a moratorium on new data center construction in the state, along with a formal review process of the industry that must be completed before the moratorium may be lifted.
Environmental, consumer, faith, labor, and community organizations and concerned New Yorkers criticized Hochul’s apparent intention to rush an inadequate environmental review process before lifting a temporary moratorium on new AI data center construction in the state.
Major criticisms of the draft scope and the review process reflected in the comments included, but were not limited to, the following:
- An inadequate public comment period (which ended on Nov. 4), with no scheduled public hearings;
- Insufficient consideration of impact on Environmental Justice and Indigenous communities disproportionately harmed by historic pollution
- Failure to recognize the need to evaluate the potential for PFAS “forever chemical” contamination;
- Failure to recognize the need for comprehensive study of potential health impacts of extreme light and noise levels;
- Failure to ensure a full analysis of environmental and health impacts of extended operation of fracked natural gas power plants otherwise set to close;
- Failure to include the possible necessity of extending the length of the moratorium beyond the completion of the state’s initial review;
- A fundamental misunderstanding of the full scope and complexity of the problem the Hochul administration must comprehensively study: data center operation and development across the state.
“Governor Hochul must stop the rush to allow a renewed onslaught of data centers in New York The rampant expansion of data centers is one of the worst affordability and environmental threats facing New York,” said Eric Weltman, a Senior Organizer with Food & Water Watch. “Unfortunately, Hochul is hurrying the process to assess the risks of these costly and dangerous facilities with a shoddy analysis that would end the moratorium.”
“New Yorkers should not have to compete for electrons to stay healthy. This rushed process of prioritizing AI data centers over affordable energy bills shows where Albany’s agenda lies. The grid needs to transition from fossil fuels to affordable, renewable sustainable clean, healthy and safe energy before considering the permission of more large loads like data centers.” said Eric Wood, NYPIRG’s Senior Environmental Program Coordinator.
“Thousands of New Yorkers have made it clear to Governor Hochul that her draft scope concerning the environmental impacts of data centers does not go far enough”, said Ryan Madden, Indigenous Solidarity Director at NY Renews. “Data centers threaten energy affordability, our land, air, and water, climate justice, and Indigenous sovereignty. The Governor’s moratorium was intended to develop a comprehensive framework to address these threats, but unless our comments are incorporated, that will not happen.”
“New York was right to pause new data center development so that the state could review potential impacts of these massive facilities. Now, we need a scope of work that is thorough enough to make the pause count.” said Andra Leimanis, Program Director at Alliance for a Green Economy (AGREE). “A rushed review will not protect our communities from the escalating utility bills and worsening environmental and health impacts seen in states where rapid data center development went unchecked.”
“Despite the promise of Governor Hochul’s executive order, the PSC has improperly limited the scope and breadth of environmental impacts to be studied,” said Roger Downs, conservation director for the Sierra Club Atlantic Chapter. “New York’s AI data center moratorium is only as meaningful as the Public Service Commission’s commitment to facilitating an environmental review that is fair and comprehensive. If done properly, New Yorkers can expect new rules at the conclusion of this process that will either impose consequential protections or necessary prohibitions for an industry that is overwhelming our utilities, undermining environmental health, and causing energy bills to skyrocket. We urge the governor to get the GEIS back on track and to listen to the public who are overwhelmingly opposed to AI Data Centers taking over our communities.”
“New Yorkers should not have to live in fear of a hyperscale data center being dropped into their community, driving up their utility bills, damaging local quality of life, polluting their air and water, and ignoring the state’s obligations to address the climate crisis and environmental justice. We deserve a thorough environmental review process that protects the health and safety of New Yorkers, upholds the state’s Climate Law, and includes ample opportunities for people across the state to have our voices heard,” said Laurel Tumarkin, Policy Director at Climate Families NY.
“Here in the Finger Lakes, we’re already seeing the rush to build massive AI data centers firsthand,” said Yvonne Taylor, Vice President of Seneca Lake Guardian and President of the National Coalition Against Cryptomining. “Greenidge Generation is rebranding to build a hyperscale data center on Seneca Lake, and similar proposals are emerging across the state. With the industry’s rapid expansion, Governor Hochul cannot afford to rush this process and must prioritize putting our communities and environment ahead of corporate interests.”