Court orders Markley to pause Lowell data center expansion
A Middlesex Superior Court judge issued an injunction, ordering Markley Group to pause the installation of four uninstalled emergency backup diesel generators at its Lowell data center. This decision comes after local residents filed a lawsuit challenging MassDEP's approval of the data center's air permit, citing air quality and environmental justice concerns. Additionally, the Lowell City Council has enacted a 360-day moratorium on new data center construction and expansion.
Middlesex Superior Court Judge William Barrett has granted a motion to stay the installation of four uninstalled emergency backup diesel generators at the Markley Lowell data center, located in the city's Sacred Heart neighborhood. The ruling allows Markley Group to continue operating four previously installed generators, but halts further expansion of its diesel power capacity while a broader lawsuit proceeds.
Ten residents filed the lawsuit in April, challenging the Massachusetts Department of Environmental Protection's (MassDEP) final decision to authorize Markley's operation of up to 27 industrial diesel backup generators and 16 cooling towers. Residents, supported by the Yale Environmental Justice Law and Advocacy Clinic, argued that MassDEP's approval was based on a "flawed air quality plan" and overlooked the impacts on their densely populated, environmental justice community. Eileen Castle, a plaintiff whose home abuts the data center, stated in an affidavit that MassDEP officials never investigated the site's impacts prior to approving the plan.
The judge acknowledged that community engagement attempts were "lacking." Meanwhile, in response to ongoing community concerns, the Lowell City Council unanimously voted in March to impose a 360-day moratorium on the expansion of existing data centers and the construction of new ones. Markley Group President Jeff Markley expressed confidence that the court would ultimately rule in favor of the company and MassDEP once more information is presented. The broader legal challenge to Markley's air permit is expected to conclude by April 2027.