Judge tosses lawsuit against data center and Spartanburg County over land development rules
A South Carolina judge dismissed a lawsuit brought by the Southern Environmental Law Center and nearby residents challenging Spartanburg County’s approval of NorthMark Strategies subsidiary Valara’s data center and adjacent 457-megawatt natural gas plant. The plaintiffs lacked standing and failed to exhaust administrative remedies, but the environmental group plans to appeal while construction continues.
State Circuit Judge Derham Cole Jr. dismissed the Southern Environmental Law Center’s lawsuit against Spartanburg County and Valara, the NorthMark Strategies subsidiary developing a data center and adjoining 457-megawatt natural gas power plant in Spartanburg. The lawsuit alleged the county improperly treated the projects as minor developments rather than a major development under its land management ordinance.
Cole ruled that nearby residents’ concerns about noise, dust, traffic and disruption did not establish the specific injuries required for standing. He also found that the plaintiffs failed to appeal the project’s Phase I permit within the required 10-day period. SELC senior attorney Catherine Wannamaker criticized the ruling and said the group would appeal. Meanwhile, the project has received additional environmental permits, and the county’s newly enacted data center moratorium does not apply to previously permitted projects such as NorthMark’s. Construction is expected to continue through 2028.