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✅ PROJECT STATUS: EXTENSION LEGALLY CONFIRMED
February 9 vote (3-2): Drake, Pollauf, Hornyak YES; Ackerman, Gibbs NO; Walendzak abstained (conflict of interest); Andrus absent. Acting Law Director Fifer ruled abstention not counted — 3 of 5 votes cast = valid majority. Ohio AG's Office responded (Feb 18, 2026): declined to issue an opinion (municipal law directors are outside their advisory authority), but confirmed the two prior opinions Fifer cited have not been overruled. The AG did not endorse the ruling. Due-diligence period runs through September 30, 2026. [1]
📣 MAYOR'S STATEMENT: "Project Is NOT a Done Deal"
Oregon's mayor issued a public statement (~March 1, 2026) clarifying that despite the law director's ruling, the project is not finalized. The developer must still complete due diligence, secure permitting, and execute a development contract before construction can proceed. (Source: Oregon, Ohio Community Facebook Group — unverified social media post, consistent with factual record)
⚖️ LEGAL CHALLENGE FILED
Resident group Responsible Government 4 Oregon LLC filed Open Meetings Act lawsuit February 4, 2026 against City of Oregon and four council members (Hornyak, Pollauf, Walendzak, Andrus), alleging illegal private communications and lack of transparency in council appointment. [7]
What this means: Developer has until September 30, 2026 for due diligence. Extension is NOT project approval—economic development agreement, CRA agreement, and other ordinances must still pass before land purchase. Project is reportedly 6 months behind schedule. [1]
Key quote: Councilmember Beth Ackerman voted against extension, citing concerns about changes to electrical load study, but confirmed "the project is not dead" after speaking with developer Will Turner. [1]
⏰ MARCH 31, 2026: ORIGINAL DEADLINE
The developer's original due-diligence deadline is March 31, 2026. The law director's ruling extended this to September 30, 2026 — but the legal standing of that ruling remains publicly contested. Natural gas pipeline and emission control permits have not yet been obtained.
Oregon's wetlands, watershed, and Lake Erie access are precious natural resources that define our community.
Note: "Closed loop" describes hydraulic design, not the safety of chemicals inside the system. Residents on private wells should review the full environmental section.
Oregon residents have several options for participating in the decision-making process.
Read our comprehensive in-depth report covering all aspects of the data center proposal: key players, economic impact, environmental concerns, governance issues, and industry best practices.
The principle behind this work
Money moves fast. It hires lawyers, lobbies councils, and frames narratives before most people know what's happening. The only thing that reliably slows it down is an informed community that refuses to be rushed.
Read the actual documents. Know the difference between a signed agreement and a press release. Facts are the foundation of everything else.
Correct misinformation calmly and with sources. One person who knows the facts and stays polite is worth a hundred who are just angry.
Show up. Bring neighbors. Coordinate who speaks, who asks questions, who follows up. Organized presence changes the room in ways that individual outrage never can.
Every delay, every question that demands a real answer, every procedural requirement enforced — that is a win. Time is the one resource money cannot simply buy.
This is not theoretical. Organized, informed residents have already changed the trajectory of this project.
Forced a public vote on the land sale extension
The developer needed a 6-month extension. Community pressure ensured it went to a full council vote rather than being handled administratively.
Exposed the Andrus appointment conflict
Residents researched and surfaced the fact that a new council member was appointed by the very mayor who championed the project, raising legitimate Sunshine Law questions.
Demanded and received a formal Q&A response
Community questions were persistent and specific enough that Capacity LLC submitted a formal written Q&A letter on February 27, 2026 — a level of public accountability that rarely happens without organized pressure.
Kept three major votes still ahead
The Economic Development Agreement, the Community Reinvestment Area agreement, and the street vacation are all still unresolved. The project cannot proceed without them. That leverage exists because residents stayed engaged.
Put the school donation under scrutiny
When the $500K school offer was announced, informed residents immediately identified that the district's own letter used conditional language — and asked for the signed agreement. That question is now public record.
Built a public information record
This site exists because residents believed the community deserved facts, not spin. Every person who reads it, shares it, or cites it in a meeting is part of the organizing effort.
"We are a data-driven society — that's what this data center is all about. So we're bringing you the data so you can make decisions well-informed."
— The mission of this site
Capacity Infrastructure describes itself as an intermediary that acquires land, secures permits, and prepares "shovel-ready" sites before transferring them to their client. [4] According to their business model, they are not the company that will ultimately operate this facility.
Capacity Infrastructure
buys land
Secures due-diligence extension
(Feb 9 vote extended deadline to Sept 30, 2026 — NOT a project approval)
Transfers to
UNNAMED END USER
[Analysis] Based on standard development agreements, once the sale closes and permits are approved, the city's negotiating position is significantly weaker.
Questions residents may want answered before any future vote:
[Community Perspective] Many communities facing similar proposals have negotiated Community Benefit Agreements before final approval, when the city's bargaining position is strongest.
The bigger picture
Oregon is not alone. Ohio's legislature is moving on multiple fronts simultaneously — and the outcome of these state-level battles will directly affect what happens in your community.
Passed the Ohio House unanimously on March 18, 2026. Creates a 13-member commission to study environmental impact, water usage, grid effects, noise, and local economic impact — and submit non-binding best practices within six months. Now moves to the Ohio Senate.
Why it matters for Oregon: A study commission could establish statewide standards that apply to the Oregon project's permitting process. Democrats argue the commission lacks labor representation.
Bipartisan Senate bill introduced March 11, 2026 by Sen. Blessing (R) and Sen. Smith (D). Would prohibit granting new data center sales tax exemptions after October 1, 2027. Referred to Senate Finance Committee. Does not affect existing exemptions already granted.
Why it matters for Oregon: A Senate-side path to ending the subsidy, complementing the House veto override effort. Both aim to remove a key financial incentive for the project.
Governor DeWine vetoed a budget provision to eliminate Ohio's data center sales tax exemption (in place since 2013). Speaker Huffman is pursuing a veto override requiring 60 House votes, but on March 20 said the vote is delayed to May or June 2026 — he does not yet have the commitments needed. Sen. Kent Smith (D-Euclid) estimates repeal would return $187 million/year to the Ohio general fund.
Why it matters for Oregon: Eliminating the sales tax exemption would remove a key financial incentive that makes the Oregon project attractive to the developer's end client.
Bipartisan bill that would prohibit utilities from recovering data center infrastructure costs from other customer classes (i.e., regular residents and businesses). Would mandate minimum 12-year contracts and require financial assurance before dedicated facility construction begins.
Why it matters for Oregon: Directly addresses the concern that Toledo Edison/FirstEnergy ratepayers — including Oregon residents — could end up subsidizing the data center's grid infrastructure costs.
Maumee (12-month), Waterville city (6-month), Waterville Township (12-month), Monclova Township, and Richfield have all enacted moratoriums. Lake Township (Lucas County) voted March 3 to impose a 12-month moratorium. Monroe Township enacted a similar moratorium on March 9. Plain Township (Stark Co.) approved a 12-month moratorium March 24; Massillon City Council approved a 180-day moratorium April 6; Canton Township (Stark Co.) approved a 12-month moratorium April 11; Cincinnati extended temporary restrictions through end of 2026. Over 20 municipalities statewide are now considering or have enacted temporary bans — a wave of local resistance that reflects the same concerns Oregon residents have been raising.
What this shows: Oregon is not an outlier. Communities across Ohio are using every available tool to slow down and scrutinize data center projects before approving them.
Ohio Senate Democrats introduced a package of approximately six bills on February 9, 2026 aimed at reining in data centers statewide.
Key provisions include: eliminating the sales tax exemption • requiring developers to cover all infrastructure costs • capping water usage at 5 million gallons/day • requiring Community Benefit Agreements • reaffirming local home rule authority to reject proposed projects.
Progressive think tank Innovation Ohio released a report on March 16, 2026 urging Ohio lawmakers to eliminate data center sales tax breaks and require data centers to build their own power sources. The report argues that without these changes, residential ratepayers face massive electricity price hikes as utilities recover infrastructure costs from the broader customer base.
Why it matters for Oregon: This report directly supports the case for requiring the Oregon developer to cover its own grid infrastructure costs — a key protection residents have been asking for in the EDA. (Source: Ohio Capital Journal, March 16, 2026)
Ohio lawmakers are advancing legislation that would ban local officials from signing non-disclosure agreements related to economic development projects. This directly addresses one of the core transparency complaints in Oregon: that NDAs have prevented elected officials from sharing project details with the public they represent.
Why it matters for Oregon: If passed, this would make NDA-based secrecy around future economic development votes illegal statewide. (Source: Cleveland.com, March 2026)
Standing WITH workers by demanding enforceable job guarantees
Union workers are right: people need to work NOW, and construction jobs matter. We're not against those jobs at all.
What we're saying is: if this project is going to happen, then the jobs—both construction and long-term operations—need to be in the contract, not just in the speeches.
Other cities have written in minimum numbers of permanent jobs, wage floors, apprenticeship and local hiring requirements, and tied tax breaks to actually delivering those jobs.
Without a CBA:
With a CBA:
We're standing WITH workers by demanding these protections be enforceable, not just promised in a PowerPoint presentation.
$20 million community fund, 100% clean energy, strict job guarantees
3,000 construction + 400 permanent jobs with wage guarantees
31 full-time jobs minimum at $26.20/hour or higher, tied to tax breaks
[Examples from sources 5, 6, and 8 — see Sources section below]
[Analysis] The February 9 vote (3-2, with one abstention and one absence) on Ordinance 20-2026 was initially uncertain. Acting Law Director Chynna Fifer subsequently issued a six-page memorandum concluding the ordinance did pass: under Robert's Rules of Order (which Oregon follows), abstentions are not counted as votes cast, making 3 of 5 votes cast a valid majority. The Ohio AG's office responded on Feb 18 but declined to issue an advisory opinion, stating that municipal law directors fall outside their statutory advisory authority. The AG only confirmed that the two prior opinions Fifer cited had not been overruled — it did not endorse or validate the ruling. The extension is now in effect through September 30, 2026. [1] Note: This is the extension ordinance (Ordinance 20-2026), separate from the data center zoning ordinance (Ordinance 2026-01). Below are concerns that residents in other communities have raised when facing similar proposals.
In other communities facing similar proposals, residents have asked for public disclosure of the actual operator before votes. This includes information about who will run the facility, their environmental track record, and financial stability.
Written commitments, not promises. Lancaster PA secured a $20 million community fund. [5] West Des Moines negotiated 400 permanent jobs with wage guarantees. [5] Examples of what other communities have requested:
Ohio EPA's general permit has no nutrient limits, weak thermal controls, and no cumulative impact analysis. Some communities have requested:
Lancaster PA required 750+ foot setbacks and nighttime noise limits. [5] Some residents have expressed interest in enforceable noise ordinances with continuous monitoring.
What happens if the facility is abandoned? Some communities have required upfront performance bonds to cover environmental cleanup, infrastructure repair, and decommissioning costs to protect taxpayers.
Learn From This Process
Taking time to understand what's being proposed, who's behind it, and what Oregon receives in return can help residents make informed decisions.
Transparency and accountability are important factors in community trust.
At full build-out
For context, this is more power than many entire small cities use.
Note: Developer later said customer "doesn't want to build a whole lot of on-site gas generation"
Gallons per day (developer estimate)
What's needed: Individual NPDES permit with site-specific limits, not general permit. No individual permit application filed yet.
Total Acres (if approved)
Purchase Price
City spent assembling land
Location: Between Wynn, Corduroy, Wynnscape, Parkway, and Blue Heron Drive. Third Amendment adds ~6 acres on Wynnscape Drive for FirstEnergy switchyard.
Other cities have successfully protected themselves. Oregon can too.
City refused to approve until developer put everything in writing with penalties for non-compliance.
If job thresholds not met, they lose tax abatement.
Communities across America are demanding accountability from data center developers—and winning.
Nationwide, communities have successfully stopped or delayed data center projects worth $64 billion by demanding transparency and protections. (Source: Data Center Watch, March 2025; corroborated by The Hill, Virginia Mercury, and Data Center Dynamics)
Lawmakers in at least 11 states have introduced moratorium legislation in 2026, and 30+ states have filed 300+ data center bills of all types. (Source: Finance & Commerce, March 2026; MultiState, Feb 2026)
Over 230 organizations called for a national data center moratorium in December 2025 to address environmental and community impacts.
12-month moratorium passed February 2026
City decided to pause and study impacts before making permanent decisions about data center development.
6-month moratorium passed December 2025
Village council voted to temporarily ban data centers while evaluating long-term community impacts.
Ohio Residents for Responsible Development received Ballot Board certification on April 3, 2026 to begin collecting signatures for a statewide constitutional amendment that would ban data centers using 25 megawatts or more. The Ohio Attorney General certified the petition on March 26, 2026.
413,488
Valid signatures required
44 / 88
Counties minimum (5% each)
July 1
2026 signature deadline
📋 SIGN THE PETITION IN PERSON — THIS SATURDAY
Saturday, April 11, 2026 · 10:00 AM – 3:00 PM
Christ United Methodist Church Craft Show
More signing locations coming soon.
Retroactive effect on existing projects is legally uncertain. To volunteer: conserveohio2.com
Bipartisan momentum is building for data center accountability at the state level.
Creates independent commission to study data center impacts and recommend policy changes.
Comprehensive legislative package addressing costs, transparency, and local control.
DeWine: "Data centers ought to pay their own share"
"No one wants to see their household rates go up because of a data center."
State legislation could establish baseline protections that apply to all Ohio data centers, including Oregon's. But waiting for state action means losing local leverage now.
Best strategy: Demand strong local protections in Oregon's Economic Development Agreement, then support state legislation to raise the floor for everyone.
Setting Standards Now, Not Later
This data center proposal won't be the last. Oregon's industrial park on the bay will attract future developers. Instead of reacting to each proposal with NDAs and rushed timelines, Oregon can establish baseline accountability standards that apply to any major industrial development—before the next company comes calling.
Once one data center is approved, others will follow. Oregon needs its ducks in a row now—clear standards for what the community will accept, not reactive scrambling when the next NDA arrives.
Performance bonds and escrow accounts to ensure developers follow through on commitments. If they don't deliver, community keeps the money.
Independent auditors verify compliance with environmental limits and community benefit promises. No relying solely on developer self-reporting.
If developers fail to meet job creation, wage, or environmental targets, community can reclaim tax breaks or require additional payments.
Agreements expire and must be renegotiated every 5-10 years based on actual performance, not indefinite sweetheart deals.
The Time to Set Standards Is Before You Need Them
Once a developer is at the table with a proposal, the pressure is on to approve quickly. Setting baseline standards now means Oregon controls the conversation, not the developer.
Examples from other communities
Oregon's industrial park may see future data center proposals. Below are examples of protections that other communities have negotiated. Residents can use this information when evaluating future proposals.
Examples from other communities:
Lancaster PA, West Des Moines, and Cedar Rapids negotiated written protections covering end-user disclosure, community benefit agreements, individual NPDES permits, noise limits, and performance bonds. These examples may be useful when evaluating future proposals.
Who's actually operating this? Single-user or colocation? We're negotiating with a middleman.
Minimum job counts, local hiring, prevailing wage, tax revenue guarantees. Developer pays for grid upgrades, not ratepayers.
Site-specific water discharge limits, thermal pollution caps for Lake Erie, continuous monitoring. No general permit.
750+ foot setbacks from homes, decibel limits at property line, continuous monitoring with penalties.
Environmental cleanup bond, job creation bond (forfeit if promises not met), decommissioning bond. Protect taxpayers.
If they won't agree, VOTE NO and bring them back to the table.
They've already invested millions. They'll come back with a better deal. You have leverage NOW—after the vote, you have ZERO.
Ohio EPA's general permit (OHD000001) has major weaknesses: no site-specific nutrient limits, weak thermal limits, no cumulative impact analysis.
Action: File written petition with Ohio EPA Director Anne M. Vogel requesting individual permit for this site. Oregon City Council can also require individual permit as condition of Economic Development Agreement.
Demand enforceable protections, not developer promises. CBAs are legally binding agreements that ensure projects deliver tangible benefits to local residents:
Specific Demands for Oregon:
Ohio HB 646 would create Data Center Study Commission to examine impacts and recommend policy changes. Contact your state legislators to support this bill.
This group filed the lawsuit challenging closed-door decisions and Ohio Open Meetings Act violations. Support their efforts for transparency.
Addressing concerns raised by our community
Data centers discharge heated water. Ohio EPA's draft general permit allows discharge up to 90°F with minimal monitoring.
What's needed: Site-specific thermal limits based on Lake Erie's sensitivity, not one-size-fits-all general permit.
Lake Erie already suffers from harmful algal blooms caused by nutrient pollution (nitrogen, phosphorus).
What's needed: Individual NPDES permit with site-specific nutrient limits, not general permit with no nutrient controls.
Oregon already has multiple facilities discharging to Lake Erie: wastewater treatment plant, Bay Shore generating facility, and Davis-Besse Nuclear Power Station (~10 miles north).
Ohio EPA's general permit does not consider cumulative impacts from multiple data centers or other facilities discharging into the same watershed.
What's needed: Comprehensive watershed analysis before approving additional discharges to Lake Erie.
What questions do you have? What concerns you? What would you like to know more about?
Share your concerns, questions, or additional information with the community
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Last Updated: April 9, 2026