New Jersey Fines DataOne $1.07M Over Unpermitted Gas Generators at Microsoft Data Center
New Jersey has fined DataOne $1.07 million for installing 62 natural gas generators without proper permits at a facility powering Microsoft Copilot, after a drone survey revealed the unpermitted equipment.

New Jersey environmental regulators have fined DataOne, the operator of a data center linked to Microsoft, $1.07 million for installing 62 natural gas generators without required permits, according to TechRadar. The generators, located at a facility that helps power Microsoft Copilot, were discovered after a local farmer photographing a neighboring golf course noticed equipment appearing on the campus, prompting an investigation that included a thermal drone survey. The drone observed 45 of the 62 generators in operation at the time.
The fine, based on New Jersey's Air Pollution Control Act, stems from the absence of both reconstruction permits to install the generators and operating certificates to run them. Each generator is rated at 1,982 kilowatts, giving the site a collective capacity of 123 megawatts. State officials noted that any individual generator with a capacity of 37 kilowatts or higher requires approval.
DEP Commissioner Ed Potosnak described the penalty as "by far the largest ever taken against a data center in New Jersey and possibly one of the largest such actions in the nation," according to TechRadar. The generators provide off-grid electricity, which could ease strain on local infrastructure and household energy prices, but emissions of CO2, NO2, and CO are concerning, the report noted.
DataOne said in a statement that it disagrees with the temporary generator determination but will apply for the necessary air permits and is in communication with the Department of Environmental Protection regarding the findings and the fuel cell transition timeline. The company has been given 45 days to obtain the permits, but can continue using the gas generators in the interim.
Potosnak added that the "Sherrill administration demands accountability and corporate responsibility in the construction and operation of data centers." The incident highlights growing scrutiny of data center power arrangements as AI workloads expand, particularly when backup or supplemental generation is deployed without regulatory approval. While the fine is significant, it remains to be seen whether it will prompt broader changes in how data centers secure and permit on-site power. The case also underscores the role of local vigilance—in this instance, a farmer's photograph—in uncovering environmental compliance issues.
TechRadar's report does not specify the exact location of the data center, the timeline of the investigation, or whether Microsoft itself faces any penalties. DataOne's statement suggests a planned transition to fuel cells, but no details on that timeline were provided. The fine is the latest in a series of regulatory actions targeting data center operators as communities and states weigh the economic benefits of such facilities against their environmental impact.
For now, DataOne has 45 days to secure the permits, and the generators can keep running. The outcome will likely depend on whether the company meets that deadline and how the state evaluates its permit applications. The case serves as a reminder that even temporary power solutions can trigger substantial regulatory consequences if not properly authorized.
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