Hilliard Council directs legal review, seeks outside counsel over proposed AWS fuel‑cell site

HILLIARD, Ohio — The Hilliard City Council on Oct. 27 voted unanimously to direct the city’s law director and staff to explore all legal and regulatory options related to Amazon Web Services’ proposed installation of Bloom Energy fuel cells and an associated 8‑inch natural gas pipeline adjacent to existing data center property. Councilmember Emily Cole made the motion after a 20‑minute statement describing procedural concerns and potential health and safety risks; the motion called for researching appeals, engaging environmental and appellate counsel, preparing a budget for review and expanding public engagement, including a resident sign‑on letter and FAQs.

Cole, the council member assigned to the Planning and Zoning Commission, said she had researched fuel cell technology and heard resident concerns about long‑term environmental and health impacts. “This is our community. This is the air we breathe,” Cole said, urging the city to pursue legal remedies even if success is uncertain. The motion instructed the city law director to “explore all legal opportunities available to us” and to engage subject‑matter experts; it also asked the acting city manager to draft a letter to Bloom Energy, AEP and AWS and to prepare outreach for community sign‑ons. The council voted by roll call; the motion passed 7–0.

A subsequent, separate council motion instructed the city manager and law director to seek an outside environmental law firm experienced in representing communities in utility and siting matters; that motion also passed 7–0. During discussion, council members emphasized the two‑week deadline for certain appeals and the need for conflict checks and transparency in selecting outside counsel. Acting City Manager Dan Raleigh said the city manager has the charter authority to hire counsel promptly but that staff would return with options.

Dozens of residents spoke during the public‑comment period, repeatedly citing concerns about notification, health impacts and procedural irregularities. Residents told the council they had collected roughly 700 petition signatures in recent days asking the city to engage special counsel and challenge approvals. Several speakers, including Molly Carrier (3307 Darby Glen Boulevard) and Chris Ignat (3446 Darby Glen Boulevard), told the council they believe required mailed notices to local officials were not delivered and that the Ohio Power Siting Board (OPSB) record lacks analysis of environmental impacts. “How can a decision be called reasonable if critical environmental data is not even part of the record?” Ignat said.

Speakers also highlighted technical and public‑safety questions raised in the project record: the OPSB staff report recommended approval with conditions in mid‑September; the Ohio EPA issued a permit Oct. 8, according to residents, but residents said they received no notice of that permit. Residents and several speakers urged an independent dispersion study evaluating CO2 and other emissions, especially because the project site is near homes, Darby Glen Park and Beacon Elementary School. Ted Canelongo, a resident, cited EPA dispersion models and recommended a transparent independent study to quantify risk to local families.

Council discussion also touched on coordination with Norwich Township Fire Department and the state fire marshal and whether the city’s prior development incentives with Amazon require reexamination if the project’s nature has materially changed. Councilmembers asked staff to examine contractual and tax‑abatement documents related to Amazon’s prior agreements.

What the city will do next: the law director and city manager were directed to quickly preserve appeal rights where possible and to return with recommendations on outside counsel, a budget for legal work and steps for broader community engagement. The council specifically instructed staff to examine notice procedures for OPSB filings, the scope of Ohio EPA permitting, and to evaluate all potential legal and regulatory routes, including an Ohio EPA appeal and any available OPSB procedural remedies.

Votes and formal actions taken: the council approved Cole’s motion to direct legal research and to pursue “all avenues available up to and potentially including an injunction and/or appeal to the Ohio EPA” (mover: Emily Cole; second: not specified in the record; outcome: approved 7–0). A later motion instructing the city manager and law director to seek outside counsel specializing in community representation against utilities was moved and seconded and approved 7–0.

Context and next steps: Council members repeatedly noted the short timeline for appeals and asked staff to act immediately to preserve rights. Acting City Manager Dan Raleigh said Frost Brown Todd (a firm under contract with the city) could be used to preserve appeal deadlines; several council members said they wanted to pursue additional firms that specialize in representing communities in utility and siting disputes. Councilmembers said they would be involved in the selection process and would hold staff accountable for conflict checks and transparency in any contract for outside counsel.