As SELC sues Spartanburg County over data center development, officials defend their actions
The Southern Environmental Law Center has filed a lawsuit against Spartanburg County and Valara Holdings, a NorthMark subsidiary, regarding a $2.8 billion data center project. The suit alleges the county improperly classified the 457-megawatt data center as minor land developments, thereby bypassing public input and the planning commission. This classification is being challenged due to concerns about the project's environmental impact and the denial of public debate.
The Southern Environmental Law Center (SELC) has initiated a lawsuit against Spartanburg County, South Carolina, and Valara Holdings, a subsidiary of NorthMark, challenging the approval process for a $2.8 billion, 457-megawatt data center on Pine Street. Filed on July 6, the suit alleges that Spartanburg County violated its own unified land management ordinance (ULMO) by categorizing the project as two minor land developments instead of a major one. This classification, according to the SELC, allowed the data center to bypass review by the county planning commission, effectively cutting off public input on its approval.
Residents and the SELC express significant concerns over the data center's potential environmental impact, including being a large source of formaldehyde and fine particulate matter, which could affect nearby residents' health. The lawsuit seeks a court order to halt the processing of minor land development permits for the site and to reclassify the data center as a major land development, which would mandate public scrutiny and a planning commission vote.
During a July 20 county council meeting, County Administrator Cole Alverson defended the county's actions, stating that staff followed the 1999 ULMO's definitions, which categorize any development not explicitly defined as "major" as "minor." Alverson explained that the "industrial park" designation for the project was a legal mechanism for a tax incentive and did not apply to the county's ULMO definition of a major industrial park, which requires new roads and subdivisions. NorthMark spokeswoman Sarah Knox stated the company followed all applicable rules and is confident the approvals were properly granted, citing phased project scope presented to officials from the outset.
SELC attorney Frank Holleman called the county's defense "totally not credible," arguing that the ULMO does not explicitly require new roads or subdivided property for an industrial park to be considered a major development. The dispute now rests with the court to determine the correct interpretation of the county's land management ordinance and the legality of the data center's classification and approval process.