Legal battle erupts in Pennsylvania over data center projects
A legal battle has emerged in Salem Township, Pennsylvania, over public access and transparency regarding data center projects. A Luzerne County judge verbally ruled that the Salem Township Planning Commission violated the Sunshine Act during a meeting for a data center ordinance. Citizens, acting without a lawyer, scored a victory in this ruling, although a request for a restraining order for a subsequent meeting was denied.
A legal dispute concerning public access and transparency has arisen in Salem Township, Pennsylvania, a community hosting significant data center developments. Citizens, without legal representation, achieved a procedural victory when a Luzerne County judge verbally ruled that the Salem Township Planning Commission violated the Sunshine Act during a meeting last month pertaining to a data center ordinance.
However, the same plaintiffs reported further alleged Sunshine Act violations later in the week, though the judge denied their request for a restraining order to halt a subsequent Planning Commission meeting. The initial meeting's validity was voided by the judge's ruling, which a plaintiff, Annie Vinatieri, hailed as a victory for citizens against a township perceived as rushing processes.
Salem Township is already home to an Amazon Web Services data center under construction and an approved QTS Data Centers project. Both were initially on Governor Josh Shapiro's 'fast track' list but were removed due to growing public opposition. The township has also signed non-disclosure agreements related to these developments. Discussions are ongoing for a third data center project, with former state Rep. Mike Cabell involved in land acquisition, offering significant sums to local residents.
The verbal ruling by Judge Lesa Gelb on Tuesday specifically concerned a Planning Commission hearing for a zoning 'overlay' designed to advance the third project. Township Manager Amy Evans declined to comment on the litigation, and state lawmakers for Salem could not be reached. Ginny Marcille-Kerslake of Food & Water Watch highlighted the overwhelming scale of development and the challenges residents face in fighting the industry, emphasizing the citizens' pro bono court action due to high legal costs.