HomeMy WebLinkAboutLake Hawkeye Letter to TOL Board and Planning Board (09.18.26) 117
TERAWULF
September 18, 2026
VIA EMAIL
Ruth Groff, Town Supervisor
Members of the Town Board
Dean Shea, Chair
Members of the Planning Board
Town of Lansing
29 Auburn Road
Lansing,New York 14882
Re: Lake Hawkeye Data Campus—Executive Order 62
Supervisor Groff, Chair Shea and Members of the Town and Planning Boards:
TeraWulf writes in advance of the Town Board's September 29 special meeting concerning
Governor Hochul's Executive Order 62 and following recent statements that the Town is
considering a"reprieve" from planning and permitting decisions while the Executive Order
remains in effect.
The Town's notice states that the Board will discuss EO 62, its implications for Lansing and
"options for the Town."Deputy Supervisor Joseph Wetmore has separately characterized the
meeting as concerning"the state's moratorium on new data center development" and stated that
the Board will consider"what options are available to the Town, and what steps the Town may
consider moving forward."
Because Lake Hawkeye is a pending land-use application, it is important to distinguish clearly
between the State action taken through EO 62 and Lansing's separate authority over local land
use.
EO 62 does not suspend Lansing's local land-use review. The State permitting abeyance
expressly excludes local permits and approvals.
The Executive Order directs the New York State Department of Environmental Conservation to
hold certain discretionary State permits and approvals for covered data center projects in
abeyance. It then expressly provides that the abeyance does not apply to permits, approvals,
licenses, or similar forms of permission from local governments.
The Governor therefore did not leave the status of local approvals uncertain. She affirmatively
excluded them from the State permitting pause.
That distinction must be given effect. EO 62 does not amend Lansing's zoning, alter the
standards applicable to Lake Hawkeye, suspend the Planning Board's authority, or replace the
Town's existing land-use procedures. The laws and procedures governing the pending
application remain in place unless and until they are lawfully changed.
A member of the Town Board articulated this same distinction during the 2025 moratorium
debate. Deputy Supervisor Wetmore, who now serves as the Town Board liaison to the Planning
Board, wrote:
"The site plan review process ensures a project complies with current rules, but it cannot create
new requirements. Only zoning can define what uses are permitted,what standards must be met,
and what conditions the Planning Board can enforce."
That remains the relevant distinction today. The Planning Board administers the land-use
framework governing applications before it. The Town Board may separately exercise its
legislative authority to consider changes to that framework. Those are distinct governmental
functions.
If the Town now wishes to consider another moratorium, a zoning amendment, new development
standards, or any other prospective change to Lansing's land-use framework, that would be a
separate exercise of the Town's own authority.Any such measure must proceed under the legal
requirements applicable to that action and stand on its own legal and factual basis.
EO 62 does not itself supply the legal authority for such a measure, and its existence alone does
not establish the independent local justification required for one.
New York State guidance describes a moratorium as a local enactment that temporarily suspends
development approvals while a municipality considers changes to its regulations. The
Department of State advises that such a measure should be supported by a strong written record
explaining why it is necessary, define the activities affected,be limited in duration,provide an
appropriate hardship process, and relate directly to the planning or regulatory work the
municipality intends to undertake. The State further advises that each moratorium requires its
own justification based upon the particular circumstances of the municipality.
The issuance of EO 62 does not eliminate those requirements. The Governor did not direct
municipalities to stop processing local applications or condition continued local review on
completion of the State's work. To the contrary, the State permitting abeyance expressly excludes
local approvals.
Accordingly, if Lansing believes a new moratorium or other change in its land-use laws is
warranted, the Town must identify the independent legal authority, local planning purpose and
factual basis supporting that action. The existence of EO 62 cannot simply be converted into a
local justification for suspending approvals that the State expressly left outside the scope of its
pause.
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That distinction is particularly important here. Lansing already considered a moratorium directed
at large-scale development in 2025. Lake Hawkeye has since continued through the Town's
established review process, and TeraWulf has devoted substantial time and resources to
responding to comments and information requests from the Planning Board, Town staff and the
Town's consultants.
New York courts have also recognized that the circumstances surrounding municipal delay may
be legally significant when a pending application is delayed while the governing land-use law is
changed. Earlier this year, the Appellate Division held that factual issues remained as to whether
a town had acted in bad faith and intentionally delayed a pending site-plan application before
changing the applicable law. TeraWulf does not presume that Lansing intends to take such action,
but this authority underscores the importance of administering a pending application under
established procedures while any prospective legislative changes are considered separately.
Nor does the Generic Environmental Impact Statement contemplated by EO 62 provide an
independent basis to halt local review. Generic environmental review is an established
component of SEQRA. DEC guidance expressly contemplates that subsequent actions may be
evaluated against a generic EIS and that additional site- or project-specific analysis may be
required where appropriate.
If the State's eventual GEIS or subsequent State requirements create additional obligations
applicable to Lake Hawkeye, TeraWulf will address those obligations through the mechanisms
provided by law. The prospect of future State guidance does not prevent Lansing from
administering the laws and standards in effect today.
Continued local review also should not be confused with authorization to construct.Advancing
Planning Board and SEQRA review does not permit TeraWulf to undertake activities requiring
separate State permits or approvals that are unavailable while EO 62 remains in effect. The State
may maintain its permitting abeyance while Lansing continues exercising the separate local
authority that the Executive Order leaves intact.
Lake Hawkeye is not a hypothetical future application. It is already well into Lansing's
established review process. For months, TeraWulf and its consultants have responded to
comments and information requests from the Planning Board, Town staff and the Town's
technical consultants. We are now completing a materially revised submission incorporating
significant additional engineering, geotechnical, traffic, sound,visual and other technical
analysis.
TeraWulf will continue satisfying its obligations as the applicant. The Town likewise remains
responsible for administering the laws and procedures governing the application.
TeraWulf's preference is straightforward: allow the established review process to continue. The
Town has a Planning Board,professional staff and technical consultants charged with evaluating
applications under the standards prescribed by law. TeraWulf has assembled an experienced
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technical team and has worked diligently to respond to their comments and requests.Nothing in
EO 62 prevents that work from proceeding while the State separately carries out the review
contemplated by the Executive Order. The State can perform the function assigned to it, the
Town can perform its local review, and TeraWulf can continue meeting its obligations as the
applicant.
We are not seeking expedited treatment,preferential treatment, relaxed standards or any
particular outcome. Lake Hawkeye is a pending land-use application, and the governing law
not policy preference—prescribes the process by which it is to be reviewed.
Public debate concerning data-center development does not alter that framework. Nor can a State
Executive Order that expressly leaves local approvals outside its permitting pause be transformed
into authority for suspending, deferring or otherwise interrupting local review.
The September 29 meeting may provide the Town Board an opportunity to consider prospective
policy choices available to Lansing.Any decision to enact a new moratorium, amend the Town's
zoning, impose new land-use standards or pursue another legislative measure is separate from the
meaning and effect of EO 62 and must stand on its own legal and factual basis under New York
law.
TeraWulf will therefore continue advancing the Lake Hawkeye application in accordance with
the Town Code, SEQRA and applicable law. If the Town intends to suspend, defer,
administratively hold or otherwise interrupt the processing of the application outside the ordinary
course of review, TeraWulf requests that the Town identify in writing the independent legal
authority and factual basis for doing so.
Executive Order 62 is not that authority.
Please include this correspondence in the record of the Lake Hawkeye application and in the
record associated with the Town Board's September 29 consideration of Executive Order 62.
TeraWulf expressly reserves all rights and remedies with respect to its application and any action
or inaction affecting its review.
Respectfully,
Kerri Langlais
Chief Strategy Officer
TeraWulf Inc.
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