Residents want a judge to pause Lowell data center expansion
Lowell residents have filed a lawsuit against the Massachusetts Department of Environmental Protection (MassDEP) and the Markley Group, seeking to halt the expansion of a 352,000 square-foot data center. They allege that MassDEP illegally approved an air quality permit and entered a secret agreement allowing more diesel generators. This legal action highlights broader environmental justice concerns regarding data center expansions in urban areas.
A group of Lowell, Massachusetts residents is pursuing legal action in Middlesex Superior Court to stop the expansion of a 352,000 square-foot data center owned by the Markley Group. The residents, represented by lawyers from the Conservation Law Foundation, contend that the Massachusetts Department of Environmental Protection (MassDEP) unlawfully approved an air quality permit last year.
The lawsuit specifically alleges that MassDEP exceeded its statutory authority by entering into a non-public agreement with the Markley Group, allowing the addition of more diesel generators to the facility. This agreement, according to the plaintiffs, was made while community members were still appealing the original air quality permit, thereby stripping them of their ability to participate and provide feedback in the permitting process. The residents argue that the state ignored recent laws designed to ensure meaningful community participation and cumulative environmental impact analyses in environmental justice communities.
The Markley Group's expansion plans, filed between 2023 and 2025, proposed increasing the number of backup diesel generators from 7 to 27. Residents claim the existing facility already causes significant disruption with air pollution, noise, dust, and odors in an area already burdened by environmental stressors. The case comes as Lowell recently enacted a yearlong moratorium on new data centers, though it does not affect the existing Markley facility.