A hot potato: Micron's $100 billion semiconductor megafab in New York is facing another legal challenge. This time, opponents aren't attempting to overturn the entire project approval; they want two recently issued permits annulled, claiming that they could allow PFAS "forever chemicals" into the Oneida River without enforceable limits.
The Article 78 petition was filed in Albany County Supreme Court on July 31 by Neighbors for a Better Micron and Jobs to Move America. It names New York's Department of Environmental Conservation, Onondaga County, and Micron as respondents.
The dispute centers on a Title V air permit issued on March 31 for the first two fabs and an April 10 wastewater permit covering the Oak Orchard Wastewater Treatment Plant. The latter is being expanded at a cost of more than $1 billion to process Micron's industrial wastewater, with its permitted average discharge rising from 10 million to 30.8 million gallons per day.
According to the complaint, the wastewater permit identifies 40 PFAS compounds, but it mainly requires their presence and concentration to be monitored. The permit calls for quarterly testing of all 40 chemicals. It also establishes 10-nanogram-per-liter action levels for PFOA and PFOS at the plant's combined outfall, triggering investigation and minimization measures if confirmed exceedances occur. Action will be required if the levels are exceeded, but the limits do not prevent the chemicals from being discharged.
The plaintiffs say the permit "imposes no substantive controls on those harmful contaminants beyond monitoring their presence and concentration."
PFAS are used throughout semiconductor production, including during photolithography, due to properties that can be difficult to replace. They are called forever chemicals because many resist breaking down and can accumulate in people and the environment. The EPA says exposure to certain levels has been associated with increased cancer risks, reduced immune response, reproductive effects, hormone interference, and higher cholesterol.
The petition also attacks Micron's air permit. The DEC previously concluded that the project and associated wastewater expansion would conflict with New York's climate targets because of their greenhouse gas emissions, but justified approval on national-security and domestic chip-supply grounds. The plaintiffs allege crucial analysis, controls, and mitigation were deferred until after authorization.
Micron told the Times Union that it does not comment on active legal matters, adding, "The project has undergone extensive environmental review and permitting by the appropriate governmental agencies, and Micron will continue to comply with all applicable environmental requirements."
Construction began in January, and Micron poured the first concrete in July. The 1,400-acre Clay campus could eventually contain four fabs and become America's largest semiconductor facility. Micron predicts it will create 9,000 direct positions and more than 40,000 other jobs. Its first fab is expected to begin operating in 2030.
The same plaintiffs filed a broader lawsuit in January challenging the project's environmental review. Micron has asked a judge to dismiss that case, which has oral arguments scheduled for August 25. The new action seeks to void the air and wastewater permits and restart their reviews.
Concerns about tech facilities contaminating water are becoming increasingly common. It was recently reported that Cheyenne suspended data center wastewater discharges after a rare bacterium was traced to work at Meta's unfinished campus. Amazon's Oregon data centers have also been linked to rare cancers and miscarriages, while a proposed California AI complex is suing for access to 287 million gallons of Colorado River water annually.
