Muncy Twp data center deemed-approval challenge (Pa. Commw. Ct. 2026)
Green Amendments for the Generations et al. — Commonwealth Court Appeal Challenging the 'Deemed Approval' of a Muncy Township Data Center and the Constitutionality of Pennsylvania's MPC Deemed-Approval Rule (September 2026)
Pennsylvania · Green Amendments for the Generations et al., appeal re deemed approval of Danko Holdings II LP / Fishlips LLC data center, Muncy Township (Pa. Commw. Ct., filed Sept. 2026)
- Status
- Blocked / in litigation
- Applies to
- N/A (litigation)
- Enforced by
- Commonwealth Court of Pennsylvania
An environmental group, Green Amendments for the Generations, and local residents filed an appeal in Pennsylvania's Commonwealth Court against the 'deemed approval' of a proposed data center in Muncy Township. Under the state Municipalities Planning Code, the developers' conditional use application was treated as approved because the township did not hold a hearing within 60 days. The challengers argue that a state law approving data centers this way, without a chance for communities to be heard, violates environmental rights and due process.
Who is protected: Muncy Township residents; Pennsylvania communities subject to MPC deemed approvals
Legal detail
Filed 'this past Friday' per Williamsport Sun-Gazette (Sun-Gazette page dated Sept. 29, 2026; PennLive's headline on the same filing is time-stamped Mon. Sept. 28, 2026 in Google News; 'this past Friday' = Fri. Sept. 25, 2026) in Commonwealth Court. Petitioners as listed by the Sun-Gazette: John Schaeffer, Sean Tetreault and Daniel Waugh (each as a GAG member and individually), Rae-Ellah Tetreault, Muncy Township and the Muncy Township Board of Supervisors. Underlying facts: Danko Holdings II LP and Fishlips LLC applied April 28, 2026 for conditional use for three data center buildings, water storage/treatment, a substation, etc. near Yetter Road and John Brady Drive; the township held no hearing within 60 days; deemed-approval notice published in July (NorthcentralPA: advertised July 16 and 23). Claims: MPC deemed approval for data centers violates constitutional environmental-rights and due process protections. Related: a separate land use appeal by the Tetreaults in Lycoming County court, with the developers' motion to quash set for argument Nov. 6, 2026 (NorthcentralPA); the township imposed a nine-month moratorium on data center submissions on June 8, 2026 (NorthcentralPA) — not in the dataset. NOT ESTABLISHED: docket number; respondents; relief requested. Note: the Sun-Gazette lists Muncy Township and its Board of Supervisors among the 'petitioners'; their actual party role is unconfirmed.
Key facts
| Jurisdiction | Pennsylvania |
|---|---|
| Level | State |
| Citation | Green Amendments for the Generations et al., appeal re deemed approval of Danko Holdings II LP / Fishlips LLC data center, Muncy Township (Pa. Commw. Ct., filed Sept. 2026) |
| Private right of action | No, agency enforcement only |
| Penalties | N/A (litigation) |
| Topics | data-center siting and energy |
| News report | Appeal filed against 'deemed approval' of data center in Muncy Township — Williamsport Sun-Gazette |
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