Sue Data Centers

Data Center Registry

Digihost / Digi Power X, Fortistar North Tonawanda

North Tonawanda, Niagara County, New York · All 2 Digihost sites · Every Digi Power X case on our tracker

OperatingIn litigationRecord updated September 9, 2026

Digihost / Digi Power X, Fortistar North Tonawanda is an operating crypto mining site in North Tonawanda, New York (Niagara County), operated by Digihost (Digi Power X). The public record puts it at 120 MW planned. It is or has been the subject of litigation over its siting, permitting, or operation.

Every line on this page traces to a public source listed at the bottom. Where a figure was looked for and not found, the row says so. A blank is never a zero.

What our reporting adds

Our case file documents this site. Pending, U.S. District Court, W.D. New York (filed April 2026).

Facility record

Operating

Operator
Digihost (Digi Power X)
Facility type
Crypto mining
Location
North Tonawanda, Niagara County, NY
Coordinates
43.0483, -78.8536
Power capacity
60 MW operating; 120 MW planned
Land
Not established from a public source
Investment
Not established from a public source
Announced
Not established from a public source
Utility
Not established from a public source
Power source
On site gas
On site generation
55 MW
Cooling
Not established from a public source
Water use
Not established from a public source
Jobs
Not established from a public source
Public subsidy
Not established from a public source
Community reception
In litigation
Source confidence
Confirmed by multiple independent sources or official documentation

Opposition and litigation at this site

Yes. Digihost / Digi Power X, Fortistar North Tonawanda in North Tonawanda, Niagara County, New York is or has been the subject of litigation over its siting, permitting, or operation. Pending, U.S.

How the community has taken it

Reception is a sourced signal, not an editorial judgment: in litigation means the facility is or has been the subject of a lawsuit related to its siting, permitting, or operation.

Pending, U.S. District Court, W.D. New York (filed April 2026). 1070 Erie Avenue, North Tonawanda: a former Fortistar gas-fired peaker plant purchased in early 2021 and run as a bitcoin mining site since 2022, now being converted to AI data center use. The Clean Air Coalition of Western New York and Sierra Club, represented by Earthjustice, sued the NY Public Service Commission over its approval of the Fortistar sale. A November 2024 Albany County Supreme Court ruling was affirmed on 2026-05-28 by the Appellate Division, Third Department, which held the PSC must assess the emissions impacts of the sale under the CLCPA and has not yet completed that analysis.

Source: Earthjustice

Power and water

The site is the former Fortistar North Tonawanda gas plant, purchased by Digihost in 2022 (PSC-approved) and used to power 24/7 mining. Earthjustice describes it as a 55-megawatt gas plant that was rarely utilised before the sale.

Notes on the record

1070 Erie Ave, North Tonawanda, NY. 60 MW operating with potential for another 60 MW unbuilt. Under an unresolved legal/regulatory cloud: a NY Supreme Court ruling (Nov 2024) required the Public Service Commission to complete a CLCPA climate-impact review of the site's power-plant-sale approval; the NY Appellate Division, Third Dept affirmed that ruling on May 28, 2026, the required CLCPA review remains incomplete as of this writing, and the facility continues operating pending it. The company (now "Digi Power X," ticker DGXX) has filed for Planning Commission approval to convert the site to an 80,000 sq ft AI/HPC data center, but this is blocked by North Tonawanda's data-center moratorium (imposed July 2024, extended again ~June 2026 after resident pushback), the AI pivot is a real, filed proposal, not vaporware, but has no live AI hosting revenue at this site. A New York statewide bill (Responsible Data Center Development Act, S10642/A11560) passed both legislative chambers June 4, 2026 and remained unsigned/pending before Gov. Hochul as of July 2026; it would impose a one-year moratorium on new permits for large (≥20MW) data centers. This would be a second, largely redundant obstacle behind North Tonawanda's own binding local moratorium, which already blocks the AI/HPC conversion described above.

What the record does not establish, and the document that would

In every fight on our tracker the decisive fact came out of a public records request. These are the requests for this site.

  • Cooling method and water use
  • Tax abatements or other public subsidy
  • Permanent jobs promised
  • Land area
  • Which utility serves it
Which document closes each gap
Cooling method and water use
The water service agreement, any groundwater appropriation permit, and the mechanical narrative in the site plan.
Tax abatements or other public subsidy
The abatement, PILOT, or development agreement approved by the county, city, or development authority, and the state's data center sales tax exemption certificate if one was issued.
Permanent jobs promised
The economic development application or incentive agreement, which usually states a job commitment and a clawback.
Land area
The rezoning application, the plat, or the deed recorded with the county.
Which utility serves it
The electric service agreement or the utility's filing with the state public utility commission.

Have one of these documents? Send it to us and we will add it to the record with attribution.

Our reporting on this site

Other sites within 30 miles

Distances are between recorded coordinates, many of which are a city or county centroid, so treat them as approximate. Cumulative load on one utility and one aquifer is the question a planning commission rarely asks.

Questions people ask about this site

Is there opposition to the Digihost / Digi Power X, Fortistar North Tonawanda data center in North Tonawanda?

Yes. Digihost / Digi Power X, Fortistar North Tonawanda in North Tonawanda, Niagara County, New York is or has been the subject of litigation over its siting, permitting, or operation. Pending, U.S.

Has anyone filed a lawsuit over the Digihost / Digi Power X, Fortistar North Tonawanda data center?

Yes. This site is recorded as being in litigation. The case, the court, and the filings we hold are listed on this page under the timeline and the sources.

How much water does Digihost / Digi Power X, Fortistar North Tonawanda use?

No water withdrawal figure for Digihost / Digi Power X, Fortistar North Tonawanda is on record here. Water use is rarely published voluntarily; it usually surfaces through a utility service agreement or a state withdrawal permit, both of which are public records. We leave the number blank rather than estimate one.

Who operates Digihost / Digi Power X, Fortistar North Tonawanda, and how big is it?

Digihost (Digi Power X) is the operator on record. We hold 2 sites for that company across the registry. Capacity on record is 120 MW.

How to cite this page

SueDataCenters.org Data Center Registry, "Digihost / Digi Power X, Fortistar North Tonawanda," updated September 9, 2026, https://suedatacenters.org/data-centers/digihost-north-tonawanda-ny.

Facility data from Compute Atlas (E. Kubiak), version 1.32.0 (September 7, 2026), licensed CC BY 4.0, record https://www.compute-atlas.com/facilities/digihost-north-tonawanda-ny, retrieved September 14, 2026.

Corrections with a public source are welcome at the Compute Atlas record or through our contact page. The whole registry is available as CSV and JSON under CC BY 4.0.

Sources for this record

As compiled and cited by Compute Atlas, with our own reporting appended. Archived links are used where the original has moved.

  1. 1.Appeals Court Delivers Blow to North Tonawanda Crypto Operation, Reinforces New York's Climate Law · Earthjustice · retrieved July 10, 2026
  2. 2.Digihost North Tonawanda Plant Judge Ruling · Buffalo News · retrieved July 10, 2026
  3. 3.City's Data Center Moratorium in New York Impacts Digi Power X's Hopes to Convert Cryptomine to AI Data Center · Data Center Dynamics · retrieved July 10, 2026
  4. 4.S10642 - Responsible Data Center Development Act · New York State Senate · retrieved July 10, 2026
  5. 5.Niagara County parcel/GIS record (parcel SBL 1820070001013001 (ParcelId 6189)) · Niagara County GIS / Assessor · retrieved July 18, 2026
  6. 6.Appeals Court Delivers Blow to North Tonawanda Crypto Operation, Reinforces New York's Climate Law · Earthjustice · retrieved September 9, 2026
  7. 7.Appeals Court Delivers Blow to North Tonawanda Crypto Operation, Reinforces New York's Climate Law · Earthjustice · retrieved September 9, 2026
  8. 8.Demers v. Digi Power X: The Three Mile Noise Class Action Against a Crypto Mine Turning Into an AI Data Center · SueDataCenters.org · retrieved September 2, 2026
  9. 9.The Daily Record (Rochester): Digital mining operation sued by North Tonawanda neighbors (April 16, 2026) · nydailyrecord.com · retrieved September 2, 2026
  10. 10.WKBW: Class action lawsuit filed against Digi Power X in North Tonawanda · wkbw.com · retrieved September 2, 2026
  11. 11.Data Center Dynamics: Digi Power X sued over noise from New York crypto mining site · datacenterdynamics.com · retrieved September 2, 2026
  12. 12.WilmerHale: Data centers in court, the emerging wave of nuisance, environmental, and land-use litigation (July 13, 2026) · wilmerhale.com · retrieved September 2, 2026

Is a data center disrupting your home?

Tell us what is happening. We will connect you with an independent attorney who handles data center cases in your state, free and with no obligation. These cases are commonly taken on contingency, so there are typically no upfront fees.

  • Free case review
  • Independent attorneys
  • No obligation

Attorney or law firm handling data center matters? Speak with us