NYS Lawmakers and Statewide Coalition Urge DEC to Withhold Permits for STAMP Data Center Project Pending Full Review

A coalition of New York State Senators, Assembly Members, and leading environmental, climate justice, and civil rights organizations today issued a joint let ter commending the New York State Department of Environmental Conservation (DEC) for its rigorous oversight of the proposed STREAM U.S. Data Centers “BUFA Double Reed” project at the WNY STAMP mega industrial site in Genesee County, while simultaneously urging the agency to withhold any permits or approvals until critical environmental and cultural review requirements are fully met.

The sign-on letter, backed by elected officials and a broad cross-section of organizations across New York, highlights DEC’s recent actions as a “meaningful turning point” in ensuring accountability for large scale industrial development, particularly in relation to the Tonawanda Seneca Nation and sur rounding environmental justice communities.

“DEC has demonstrated appropriate and war ranted rigor in its review of this project,” the signatories wrote. “We urge the agency to continue this precedent by refraining from issuing permits to STREAM unless and until a complete site plan application is provided and all environmental and cultural impacts are fully assessed.”

A TURNING POINT FOR ENVIRONMENTAL REVIEW

The coalition points to several key actions by DEC as evidence of strengthened environmental oversight:

  • Directing, for the first time, a Supplemental Environmental Impact Statement (SEIS) for the entire STAMP site and for hyperscale data centers specifically—responding to a decade-long demand from the Tonawanda Seneca Nation.

  • Requiring that environmental review includes analysis of noise impacts, construction and operational effects, and cumulative impacts.

  • Affirming that envi ronmental review cannot be completed without assessing cultural and environmental justice impacts on the Tonawa nda Seneca Nation.

The letter also under scores DEC’s application of the Environmental Justice Siting Law (EJSL), the Climate Leadership and Community Protection Act (CLCPA), and Commissioner’s Policy on Environmental Justice (CP-29) to the proposed project.

CONCERNS OVER INCOMPLETE APPLICATIONS AND ENVIRONMENTAL RISKS

Despite this progress, the coalition raises seri ous concerns about the project’s readiness and transparency. Signatories emphasize that STREAM has yet to produce a complete site plan and has not fulfilled key study commitments, including a promised noise analysis.

The letter also cites newly disclosed concerns regarding geotechnical engineering and stormwater management requirements, reinforcing the urgency of withholding permits.

The coalition specifically calls on DEC to deny or delay approvals related to:

  • Stormwater Pollution Prevention Plans (SWPPPs)

  • Wastewater infrastructure design and sewer extensions

  • Air permits or alternative backup power systems

  • Permits related to impacts on threatened or endangered species, including Bald Eagles

WETLANDS AND INDIGENOUS SOVEREIGNTY

Signatories also praise DEC’s enforcement of the Freshwater Wetlands Act, including its directive requiring updated wet lands delineation at the STAMP site. They urge swift completion of this process and call on DEC to conduct a formal Part 182 Jurisdictional Determination, as requested by the Tonawanda Seneca Nation.

“DEC’s actions reflect long-overdue recognition of the Nation’s concerns and the legal protections afforded under New York State law,” the letter states.

A STATEWIDE CALL FOR ACCOUNTABILITY

The coalition frames this moment as a precedent-setting test for how New York will regulate energy-intensive hyper scale data centers, par ticularly in disadvantaged communities.

“We hope that climate and environmental justice groups across the state can trust this precedent to continue,” the signatories wrote, emphasizing the importance of consistent enforcement of environ mental laws and protec tions.

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