Weitz & Luxenberg attorneys filed a class action lawsuit against Digi Power X, Inc., a cryptocurrency mining business, on behalf of residents of North Tonawanda, New York, over its facility’s environmental hazards affecting the community. Since 2021, Digi Power has been continually operating thousands of powerful computers to mine Bitcoin in the middle of the residential community. Not only does running these computers 24/7 require massive inputs of energy, it also creates dangerous and inescapable noise, vibration, and air pollution.
For years, community members living within several miles of this facility have endured a relentless onslaught of noise and air pollution, making it difficult to sleep, spend time outside, or even relax indoors. Despite years of noise complaints, Digi Power has failed to take any meaningful steps to halt the harm it has caused the community.
Residents now seek to hold Digi Power accountable in court, including monetary damages for the years of disruption and emotional distress, compensation for lost property value, and monitoring for future illnesses linked to exposures caused by the facility’s operation.
Cryptocurrency mining facilities and data centers — collectively known as hyperscale computing facilities — run 24 hours a day, 7 days a week. This constant operation is critical to the company’s bottom line: they can only make a profit when the computers are running. To keep the computers cool and prevent equipment malfunction, these facilities require industrial grade cooling equipment — often large fans that run continuously.
The electricity generation, cooling mechanisms, and computer operation emits a loud and constant mechanical droning, whirring, and whining noise. The noise has unique tonal components, which makes it harder for the human brain to ignore. It also includes a low-frequency sound range, not perceptible to the human ear, which manifests like physical vibrations and can be felt in the body.
Low frequency noise is often woven into the soundtrack of horror movies to instill fear, tension, and anxiety in the audience. The community is forced to live with this noise nightmare every day.
In addition to seriously degrading residents’ quality of life, chronic noise — especially at night — is a known human health risk.
Data Center Harms Don’t Stop
“The harm caused by these facilities starts the moment they start running, and it does not stop. Unlike typical industrial noise, there is no 9 to 5 for a crypto mine or a data center. These facilities don’t take holidays or vacations. They don’t take weekends off,” says Ms. Emma Dietz, an attorney in W&L’s Environmental, Toxic Tort & Consumer Protection litigation unit.
“The noise is incessant and inescapable. For residents of North Tonawanda, there is no relief. People have lost the simple pleasure of opening their window to feel a spring breeze and hear the birds chirping. They can’t enjoy a peaceful dinner in their backyard or sit by a crackling fire under the stars. Their outdoor spaces are destroyed by this disruptive noise. But even going inside and shutting the windows doesn’t help, because this kind of noise penetrates walls and windows,” explains Ms. Dietz.
“Your home should be a place where you can relax and unwind. But Digi Power’s noise has invaded these people’s private, protected spaces, and now threatens to endanger their health and quality of life,” she adds.
“In addition to the compensation we are seeking in our complaint, residents are asking for relief from the noise and the degradation of their community. We are asking the court to issue an injunction limiting or preventing Defendants from operating the facility in a manner that harms residents.”
North Tonawanda Residents Suffer Daily
The residents of North Tonawanda chose to live there specifically because of its natural beauty, peace, and sense of community. The town is surrounded by water and was once abundant with wildlife. Residents were able to enjoy not only the serenity their town offers, but also the many activities available to them outside.
Everything changed in 2021, Ms. Dietz says. That was when the defendant, Digi Power, purchased the former Fortistar gas-powered peaker plant, which is in the center of a residential neighborhood. When operated by Fortistar, the plant only ran for a handful of days every year, providing supplemental energy when there was high electricity demand.
But that changed with Digi Power’s purchase. Immediately after acquiring the plant, the company installed thousands of high-powered and energy-intensive computers on the property, which it uses to mine Bitcoin. Since then, the gas-fired plant has been running constantly to provide these computers with power.
After Digi Power began its mining operations, everything changed for residents. They now endure non-stop noise and vibrations, preventing them from enjoying the peaceful and relaxing life they once cherished in North Tonawanda. Digi Power’s mining operations are pervasive, inescapable, and unbearable. They interfere with Plaintiffs’ ability to sleep, relax indoors and outdoors, and otherwise use and enjoy their property.
“As a result of these data mining operations, our clients have suffered and continue to suffer substantial annoyance, emotional distress, loss of comfort and enjoyment, diminution in the value of their property, and an increased risk of adverse health effects,” Ms. Dietz emphasizes.
You may be eligible to join the lawsuit if you’ve experienced noise, vibrations, or property impact.
Get a Free Case ReviewDigi Power Mines Cryptocurrency
Digi Power is a cryptocurrency mining company. In our lawsuit, we explain how the company uses “computer hardware to try to solve complex math puzzles in the hopes of receiving cryptocurrency, such as Bitcoin, as a reward.”
To keep its many thousands of mining computers cool, the company relies on industrial grade fans that run day and night without interruption. “These fans produce a persistent, loud, droning tonal noise, accompanied by low frequency sounds that can be felt like vibrations. Digi Power’s operation can be heard and felt throughout our clients’ properties,” Ms. Dietz continues.
Digi Power should have anticipated how much noise their mining computers would generate. The industry has long been aware of both the levels of noise generated by their operations and how this noise can travel off-site and disrupt residents living nearby.
Instead of taking steps to prevent these harms, Digi Power repeatedly insisted no noise would be heard outside its facility. The company has continued to expand over the past few years, adding more computers and making more noise. They also continue to violate town ordinances. While they have attempted to install a sound barrier, residents report that it has been ineffective and has merely directed the noise to other neighborhoods, while failing to quiet the sound.
Hazards of Ongoing Noise
Noise hazards are something to take seriously. The noxious nature of hyperscale computing facilities can cause serious harm to people, their pets, and wildlife.
Chronic noise exposure can lead to anxiety, fatigue, depression, stress, reduced sleep quality, and many other medical complications. Low frequency noise in particular can cause headaches, exacerbate migraines, and cause nausea. As an environmental stressor, prolonged noise exposure has also been linked to elevated incidence of cardiovascular disease. The damage done by inescapable noise is physical, emotional, and psychological.
What’s worse, many of these facilities rely on fossil fuels to power their operations. Energy generated by burning diesel or gas can create significant levels of nitrogen oxides (NOx), particulate matter (PM2.5), carbon monoxide, and volatile organic compounds (VOCs). These contaminants can lead to respiratory problems such as worsened asthma, as well as cardiovascular complications, and even premature mortality.
Economic Costs from Constant Noise
The residents of North Tonawanda also face economic harm. Excessive noise in a neighborhood and the stigma of living near a facility that causes such harms can reduce property values and cause homeowners to lose equity. Realtors regularly apply nuisance discounts to properties sited near these types of polluting facilities; and homebuyers don’t want to purchase a property plagued by constant noise pollution.
The massive energy consumption from these facilities also drives up the price of electricity, resulting is higher utility bills for residents. What’s more, because residents can no longer open their windows to cool their homes due to the disruptive noise, they are forced to run their air conditioning — which now costs more money — more frequently. This can result in hundreds or thousands of dollars in out-of-pocket expenses for residents.
Residents may also be burdened with unexpected out-of-pocket expenses for healthcare costs — from treating headaches to treating emotional conditions and more — that result from living with this chronic noise.
Noise Also Affects Nature
Continuous noise from facilities like Digi Power’s bitcoin mine also harms animals. Wildlife breeding patterns can be disrupted. Native animals can be displaced. Biodiversity is reduced. Not only is this bad for the environment, but it also reduces the aesthetic value of the community and takes away valued outdoor activities like birding.
Wild animals aren’t the only ones affected. Many pets are also harmed by the noise. Pets may display signs of stress, anxiety, or other behavioral changes. For example, some residents have reported that their dogs no longer want to spend time relaxing outside.
W&L Accepting Cases from Residents of North Tonawanda
W&L encourages anyone living in North Tonawanda to reach out to us. You may be able to join our class action lawsuit against Digi Power X, Inc. We are seeking compensation on behalf of all residents harmed by Digi Power’s enterprise.
Feel free to call us at (917) LAWYERS. Alternatively, you can fill out the form provided on this page. Our attorneys can help you explore your legal options free of charge.
The attorneys at Weitz & Luxenberg have a strong history of going to bat for communities and winning. We won more $26 billion in settlements and verdicts during the past nearly four decades. Our clients come from across the country, including many towns in New York. And our wins were for many quality of life issues, like you are facing. Contact us so we can help.
