New Jersey says DataOne’s 62 generators are illegal. It’s letting them run for 45 more days.
The state's $1 million fine comes less than a month after Floodlight’s visual investigation publicly exposed the Vineland site’s generator fleet for the first time
New Jersey regulators issued their largest-ever fine against a data center on Tuesday following a recent Floodlight investigation that found DataOne’s facility in Vineland operating at least 45 generators without a state permit.
The New Jersey Department of Environmental Protection’s $1.07 million fine against DataOne “sends a clear message that these facilities will not be constructed or operated with impunity in this state,” said Commissioner Ed Potosnak in a press release.
DataOne, a Microsoft-linked AI data center, has stirred controversy since it broke ground in 2025 due to consistent noise complaints, unpermitted construction and a combative zoning process. The site lies roughly 40 miles outside Philadelphia and is slated to provide AI computing power to Microsoft as part of a $17-billion deal with Nebius, a Dutch AI infrastructure giant.
The NJDEP’s press release says the tractor-trailer-sized machines “were not observed” during the agency’s previous site inspection in December — but they were this past July.
Last month, Floodlight flew a thermal drone alongside the facility and found the site operating 45 of the site’s 62 generators. NJDEP then confirmed to Floodlight that they’d never issued permits for the machines, which emit substantial amounts of health-harming air pollution linked to asthma, heart attacks and even premature death.
At the time, former Environmental Protection Agency Air Enforcement Chief Bruce Buckheit said that DataOne’s actions “violate federal law” and that the company should immediately stop operating the generators.
The state is mandating DataOne apply for and obtain the required permits or cease operations, but is giving the company 45 days to do so, according to a NJDEP spokesperson. During that time, regulators are allowing the facility to continue running the generators.
“I suspect the company is breathing a sigh of relief at being allowed to continue,” Buckheit told Floodlight after reviewing the order.
Environmental groups have questioned whether NJDEP’s actions go far enough.
“While the fine may be record setting for the DEP, $1M does not affect companies like DataOne,” said Matt Williams of Sustain SJ, an environmental advocacy group.
He added that “Ceasing operations immediately would be the appropriate response.”
A social media post co-authored by several New Jersey activist organizations said: “We also have to ask how a project this massive was able to install and operate dozens of generators before the state stepped in. The public only learned what was happening after an independent news outlet flew a drone over the facility.”
In response to questions about Tuesday’s fine, a DataOne spokesperson told Floodlight:
“We are transitioning to low-emission, quiet fuel cells as part of the site’s permanent power solution and have the necessary approvals in place for this solution. While we disagree with the temporary generator determination, we will apply for the air permits for the temporary generators and are in communication with the Department of Environmental Protection regarding its findings and the fuel cell transition timeline.”
The spokesperson did not say whether DataOne will appeal the state’s fine.
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Fund these flightsEvan Simon is an investigative producer at Floodlight. A Peabody Award nominee and the winner of two National Emmy Awards, Evan leads Floodlight’s visual and video-based storytelling.
Brad Racino is Floodlight's editor-in-chief. He oversees Floodlight's investigations from pitch through publication and strengthens the organization's partnerships with local and national newsrooms.
