New Micron lawsuit reignites fight over New York fab — complaint alleges ‘forever chemicals’ will flow into Oneida River

Pushback against Micron’s planned manufacturing complex in Clay, New York, which comprises four separate fabs, is once again at the center of an environmental lawsuit. Filed by Neighbors for a Better Micron and Jobs to Move America — the same groups that filed a separate lawsuit against Micron in January — filed a new complaint Friday, claiming that approved wastewater and air permits aren’t valid and will allow Micron to leak “forever chemicals” into the Oneida River.

“The Permits were issued against eh backdrop of the significant environmental consequences already acknowledged through the course of the Micro Project’s State Environmental Quality Review Act (SEQRA) review. including the release of PFAS and other highly persistent and hazardous chemicals,” the complaint reads. “Rather than fully and meaningfully evaluate and address those consequences and impose the necessary protections before granting final authorization, [the Department of Environmental Conservation] issued permits that defer essential analyses, controls and limitations, and mitigation decisions until after issuance or until future regulations and studies have been conducted.”

The lawsuit names the New York State Department of Environmental Conservation (DEC), Onondaga County (where Clay is located), and Micron. Its claim is that, despite Micron receiving wastewater and air permits from the DEC, those permits aren’t adequate to regulate the plant’s emissions. In one part of the lawsuit, the petitioners claim the permits are “not routine operating approvals,” and in another, claim the loose permit guidelines “are not collateral or technical omissions.”

Per- and polyfluoroalkyl substances, otherwise known as PFAS or “forever chemicals,” are synthetic chemicals that are essential to semiconductor manufacturing. The chemicals are present throughout nearly the entirety of the manufacturing chain, necessitating strict water and air containment management to align with environmental regulations. “The SPDES permit authorizes the acceptance and discharge of Micron’s industrial wastewater containing identified emerging contaminants, including PFAS compounds, but it imposes no substantive controls on those harmful contaminants beyond monitoring their presence and concentration.”

In January, the two petitioners named in this complaint filed another lawsuit against Micron, claiming that the project failed to comply with the state’s environmental review process. Last month, Micron asked a judge to dismiss the lawsuit. It’s still set for oral arguments on August 25, however.

This lawsuit currently doesn’t have a date set for oral arguments, if it ever reaches that point. The petitioners are seeking the nullification of both wastewater and air permits, which would force Micron back under the environmental review process, and costs associated with the suit.