The Wisconsin Department of Natural Resources held a public hearing Tuesday on a request from the AI data center company Vantage for an air quality permit to operate 45 diesel backup generators at the company’s proposed hyperscale data center in Port Washington.

The department has already granted a preliminary approval to the permit request. Members of the public complained at the virtual hearing that the DNR chose not to conduct a full environmental impact assessment — despite southeastern Wisconsin’s existing classification as a high air pollution region. 

Michael Greif, an attorney with Midwest Environmental Advocates, said that all 45 generators operating at once for one hour would emit the same amount of nitrogen oxides as more than 5 million cars driving over one mile of nearby Interstate 43 — or seven times the hourly nitrogen oxide emissions for all of Ozaukee County. Exposure to nitrogen oxides have been tied to respiratory issues such as asthma. 

“It is also one of the first hyper scale AI data centers proposed in Wisconsin,” Grief said. “So it raises new and unreserved questions about energy use, climate impacts, air pollution and public health, and for all those reasons and more, DNR is legally required to prepare an EIS for the Vantage data center.”

Residents of the area put it more simply, complaining about the air pollution they’re already dealing with every day. 

“Our lakeshore is at capacity,” Sheboygan resident Rebecca Clarke said. 

Many speakers also expressed frustration at their lack of a voice in the state’s surge in data center development and proposals. 

“This community has not been given a fair process,” Port Washington resident Carri Prom said. “We’ve been speaking about this process for months. We’ve largely been ignored, and yet, here we are.”

The air pollution permit is one of the DNR’s few chances to weigh in on a data center proposal that has drawn widespread opposition in Port Washington and across the state. The Public Service Commission, the agency that regulates utility companies in Wisconsin, has given the public little confidence it will do enough to prevent electric bills from increasing.

Local zoning boards and city councils, enticed by the promise of property tax revenue, have often signed off on data centers after agreeing to non-disclosure agreements to keep the details away from their constituents. 

“I think things are very backwards, and that we’re proceeding with all of these projects before we even have any idea of how to protect residents,” said Sarah Zarling, an environmental organizer who’s been involved in the data center fight. 

Over the past year, as the number of data centers operating, under construction or proposed has continued to increase, public opposition has grown. Multiple pieces of legislation for regulating data centers were proposed by lawmakers of both parties, yet none passed  before legislators adjourned for the year. Data centers have become a big issue in the Democratic primary for governor and a number of environmental groups have called for a moratorium on data center development until stricter regulations can be put into law. 

Brett Korte, a staff attorney at Clean Wisconsin, told the Wisconsin Examiner in a statement after Tuesday’s hearing that the disconnected government approval process only highlights Wisconsin’s lack of a coherent plan.

“One of the pressing issues related to the data center boom currently underway in Wisconsin is that there is no overarching plan to ensure they don’t harm communities in our state,” he said. “Nor is there even an effort to fully understand the harm they will cause. Local governments make zoning decisions, the PSC approves the construction of power plants and transmission lines, and the DNR implements water regulations and issues air permits.” Yet no state office is responsible for looking at all of the issues raised by data centers at once.

Korte added that a better process for planning future renewable energy sources, stronger carbon emission standards and a more concrete plan for achieving Gov. Tony Evers’ goal of powering the state with 100% clean energy by 2050 would help the state better manage data center growth. 

“No one is asking: Do the benefits of data centers outweigh their environmental harm?” he continued. “That is why Clean Wisconsin continues to call for a pause on data center construction until the state has a comprehensive plan to regulate their development.”

A coalition of Wisconsin environmental advocacy groups filed a lawsuit Monday challenging an administrative law judge’s decision to uphold the Department of Natural Resource’s permit approval to reroute the Enbridge Line 5 oil pipeline across northern Wisconsin. 

The petition, filed in Iron County Circuit Court by Clean Wisconsin and Midwest Environmental Advocates on behalf of the Sierra Club, 350 Wisconsin and the League of Women Voters of Wisconsin, argues that the administrative law judge ignored extensive evidence that the pipeline reroute will damage local waterways. 

A similar lawsuit has also been filed by the Bad River Band of Lake Superior Chippewa. The tribe for years has fought against the pipeline, which currently runs across its land. The reroute is happening because a federal judge previously ruled the pipeline must be moved off tribal land, but the tribe argues the new proposed route will continue to harm its water resources. 

The administrative judge upheld the DNR’s permit decision after six weeks of hearings last year. The petitions from the environmental groups and the tribe move the case from the administrative legal process to the state’s court system. Separately, a challenge has been made against the U.S. Army Corps of Engineers’ Line 5 permit decisions. 

“We are more committed than ever to protecting Wisconsin’s waters from the irreversible harm this project threatens to cause. We believe the administrative ruling incorrectly decided critical legal and factual issues, and we are confident that our efforts to hold DNR and Enbridge accountable to Wisconsin’s environmental laws will ultimately be vindicated,” MEA Senior Staff Attorney Rob Lee said in a statement.

On Friday, an administrative law judge upheld a permit issued by the Wisconsin Department of Natural Resources last year to allow the Canadian oil company Enbridge to build 41 miles of new pipeline in northern Wisconsin. The current rerouted path for Enbridge’s Line 5 would mean that although the pipeline would avoid the Bad River Band of Lake Superior Chippewa reservation, it would still go through the Bad River’s watershed. 

The judge’s decision is likely to be appealed, and the Bad River Band is continuing to challenge the pipeline project in federal court. But the approval of the DNR’s permit came as a blow to environmental advocates working alongside the Band to challenge Line 5. 

Evan Feinauer, an attorney with Clean Wisconsin, said that “despite this ruling, the evidence presented during the hearing remains undeniable: Enbridge’s Line 5 reroute poses significant long-term risks to wetlands, waterways, and treaty-protected resources in northern Wisconsin.” Feinauer said in a statement that “experts testified that the DNR underestimated ecological impacts, relied on an inadequate monitoring plan, and overlooked Enbridge’s troubling history of environmental violations. This decision does not erase those facts.”

John Petroskey, a senior attorney with Earthjustice, also said that the judge’s decision ignored “strong evidence that the DNR broke the law when it approved the Line 5 reroute.” Petroskey added, “Enbridge’s project threatens permanent damage to the Band’s treaty-protected water, plants, and medicines, all for the enrichment of a foreign oil pipeline company. The Band will continue to fight to protect their interests and halt construction.”

Rob Lee, senior staff attorney for Midwest Environmental Advocates, said that while the decision was disappointing, “it does not diminish our resolve or end our responsibility to protect Wisconsin’s waters from the irreversible harm this project threatens to cause.” Lee continued, “the record in this case is clear, and our work is far from over. Based on the significant legal issues presented and the strength of the record, we believe there is a strong basis for appellate review, and we are considering all appropriate next steps.”

Other environmental groups and tribal allies expressed that they remain determined to keep fighting Line 5. “Ultimately, this doesn’t change the fact that Line 5 must be shut down to protect the Great Lakes and our climate,” said Elizabeth Ward, chapter director of the Sierra Club – Wisconsin. Debta Cronmiller, executive director of the League of Women Voters of Wisconsin, said that standing up to Line 5 is in line with the group’s values of protecting sensitive environments, reducing greenhouse gas emissions, advancing renewable energy and supporting tribal rights. 

“Every effort to oppose the construction of new pipeline infrastructure builds power in the broader movement to end our reliance on dirty fossil fuels,” said Emily Park, co-executive director of 350 Wisconsin. “Instead of facilitating more carbon emissions, we should be investing in renewable energy, sustainable transportation, and technologies that will help us transition to a clean energy future.” 

Environmental groups and the Bad River Band are pushing for Line 5 to be shut down, with a court-imposed deadline for their case set in June. The reroute project would involve blasting and horizontal drilling through at least 186 waterways and 101 acres of high-quality wetlands which drain into Lake Superior.