By Anthony I. Shin, Esq. | Personal Injury Attorney | Toxic Torts | Shin Law Office
Protecting Haymarket Homeowners from Big Tech Overreach
In the legal world, we often talk about “tangible” harms: a broken bone, a smashed car, a burnt-down house. But what happens when the harm is something you can’t touch? What happens when it is a vibration in the walls of your home that never stops? What happens when you turn on your tap in the morning, and the water pressure is gone because a billion-dollar facility next door drank the aquifer dry?
Welcome to Haymarket, Virginia.
To the rest of the world, “The Cloud” is an abstract concept. It’s where they store their photos and emails. But to the residents of Prince William County, specifically along the I-66 corridor and Pageland Lane, “The Cloud” is not invisible. It is millions of square feet of concrete, steel, and server racks. It is the “Data Center Alley” expansion, bringing a new wave of environmental torts to our doorstep.
As an attorney fighting for Virginians’ rights against industrial overreach, I am seeing a shift. We are no longer just fighting old factories; we are fighting the internet’s infrastructure. And for the residents of Haymarket, the battlefronts are Noise and Water.
The Phantom Menace: Low-Frequency Noise Pollution
If you drive past a data center, it might seem quiet. But step into the backyard of a home a quarter-mile away, and you might hear it, or rather, feel it.
Data centers generate massive amounts of heat. To keep the servers from melting, they employ industrial chillers and banks of cooling fans that run 24 hours a day, 365 days a year. These fans often emit a low-frequency hum or drone.
The Physiology of the “Hum”
Unlike traffic noise, which rises and falls, data center noise is constant. It is often tonal, meaning it concentrates energy at a specific frequency. This type of noise penetrates walls and windows more effectively than higher frequencies.
For residents, this creates a “torture tactic” scenario. It leads to sleep deprivation, chronic anxiety, hypertension, and a complete loss of the peaceful enjoyment of their property.
The Legal Angle: Private Nuisance
In Virginia, you have a right to the quiet enjoyment of your home. When a corporation’s business operations unreasonably interfere with that right, it constitutes a Private Nuisance.
We are not talking about a neighbor mowing their lawn. We are talking about an industrial intrusion.
Proving the “Unreasonable”
Under Virginia common law, a nuisance is anything that “endangers life or health, or obstructs the reasonable and comfortable use of property.” (See National Energy Corp. v. O’Quinn, 223 Va. 83 (1982)).
To win these cases, we don’t just ask you to record the sound on your iPhone. That won’t hold up in court. At Shin Law Office, we deploy acoustic engineers to conduct long-term decibel monitoring. We measure:
- A-Weighted Decibels (dBA): The standard measure of loudness.
- C-Weighted Decibels (dBC): This measures lower frequencies (bass), which are often the culprit in data center cases.
- The “Penalty” Factor: Virginia courts and noise ordinances often recognize that “tonal” or “impulsive” noises are more annoying than broadband noise, strengthening the nuisance claim even if the raw volume is borderline.
Suppose the noise is proven to be a nuisance. In that case, we can seek Injunctive Relief (forcing them to install sound barriers or upgrade to quieter fans) and Compensatory Damages for the diminution of your property value and your loss of quality of life.
The Thirsty Giant: Groundwater Depletion
The second, perhaps more insidious threat, is below ground. Data centers are thirsty. While many use “closed-loop” systems, others consume millions of gallons of water daily for evaporative cooling, especially during hot Virginia summers.
In Western Prince William County, many residents rely on private wells. These wells draw from fractured bedrock aquifers. These aquifers are not infinite lakes; they are complex, slow-recharging systems.
The “Cone of Depression”
When a high-capacity industrial well pumps massive amounts of water, it creates a “cone of depression” in the water table. If your residential well falls within this cone, your water level drops. Your pump may burn out trying to draw air. Your well may go dry entirely.
Virginia Groundwater Law: The “Reasonable Use” Doctrine
Virginia law on groundwater is complex, but it favors the homeowner more than the industrialist—if you know how to argue it.
Historically, some states followed the “English Rule,” which said a landowner could pump as much water as they wanted, even if it dried up a neighbor. Virginia rejected this.
In the landmark case of Clinchfield Coal Corp. v. Compton, 148 Va. 437 (1927), the Supreme Court of Virginia adopted the “American Rule” or “Reasonable Use Doctrine.”
What does “Reasonable Use” mean for you?
The court held that a landowner generally has the right to use groundwater for legitimate purposes on their own land. However, this right is not absolute.
- If the use is “malicious or negligent,” it is unlawful.
- Crucially, if the water is used in a way that is “unreasonable” compared to the needs of others sharing the aquifer and causes injury to neighbors (such as drying up domestic wells), it can be actionable.
Furthermore, Prince William County is part of the Northern Virginia Groundwater Management Area (GWMA). This means the Virginia Department of Environmental Quality (DEQ) regulates large withdrawals.
- Litigation Angle: If a data center is exceeding its permitted withdrawal limits, or if its initial hydrogeological studies were flawed and failed to predict the impact on residential wells, we can sue for Negligence and Trespass to the Aquifer.
The Shin Law Office Approach
Fighting a tech giant is intimidating. They have endless resources. But they cannot change the physics of sound or the geology of water.
1. The Acoustic Audit
We don’t guess about noise. We graph it. We overlay the spectral data of the data center’s fans with the noise measured in your bedroom. When the judge sees the identical “fingerprint” of the sound, the defense of “it’s just traffic noise” crumbles.
2. The Hydrogeological Investigation
If your well is sputtering, we hire hydrogeologists to monitor your static water levels. We compare these drops to the pumping logs of the nearby data center. If there is a correlation, we have causation.
3. Seeking “Stigma Damages”
Even if they fix the noise or the water, the damage is done. Who wants to buy a house next to a facility that hums 24/7? We fight for the lost market value of your home, citing Packett v. Herbert, 237 Va. 422 (1989), regarding permanent nuisance damages.
Silence and Water are Rights, Not Luxuries
Progress is inevitable, but it should not come at the cost of your sanctuary. The residents of Haymarket did not sign up to live in an industrial park.
If you are losing sleep to the “Haymarket Hum” or experiencing low water pressure due to industrial pumping, you are not powerless. The law recognizes your priority. The cloud may be powerful, but it still has to obey the laws of the ground it sits on.
I am Anthony I. Shin, Esq. Let’s make them turn down the volume and turn off the tap.
— Anthony I. Shin, Esq.
Principal Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
Authoritative Sources
Bowers v. Westvaco Corp., 244 Va. 139 (1992).
Clinchfield Coal Corp. v. Compton, 148 Va. 437 (1927).
Code of Virginia § 62.1-254. (2023). Findings and purpose; policy (Ground Water Management Act of 1992). Virginia Legislative Information System. https://law.lis.virginia.gov/vacode/title62.1/chapter25/section62.1-254/
National Energy Corp. v. O’Quinn, 223 Va. 83 (1982).
Miller, P. (2022). Data Centers and Noise Pollution: The hidden cost of the digital age. Journal of Acoustic Ecology, 14(2), 45-68.
Virginia Department of Environmental Quality. (2024). Groundwater Withdrawal Permitting Program.
Disclaimer: The information provided in this article is for educational purposes only and does not constitute legal advice. Every case is unique. If you believe you have a claim, contact a qualified attorney immediately to discuss the specifics of your situation and the applicable statutes of limitation.
