Residents sue MassDEP, Markley Group over Lowell data center

A coalition of Lowell residents, represented by the Conservation Law Foundation, Yale Law School's Environmental Justice Law and Advocacy Clinic, and Fitch Law Partners, has filed a lawsuit in Middlesex Superior Court against the Massachusetts Department of Environmental Protection (MassDEP) and Markley Group LLC. The lawsuit challenges MassDEP's final decision to authorize the expansion of Markley's data center in Lowell's Sacred Heart neighborhood, specifically the operation of 27 industrial diesel back-up generators and 16 cooling towers. Residents, who have consistently voiced concerns over pollution, noise, dust, odors, and traffic for a decade, allege that MassDEP unlawfully approved the permit, failed to address their concerns, and improperly dismissed their appeal. The 94-page filing claims MassDEP's air quality plan approval was flawed and that the agency exceeded its authority by entering an undisclosed side agreement with Markley. The suit also states that MassDEP violated the state’s Administrative Procedure Act. Markley Group purchased the former Prince Pasta plant in 2015 and converted it into a data center. While its initial site plan was approved in 2015-2016, the project has been contentious, with neighbors reporting issues from cooling tower mist and noise. The data center is in an environmental justice community, with high asthma rates cited in the lawsuit. Despite a recent 360-day moratorium imposed by the Lowell City Council on data center expansion and new construction, Markley Group has continued to pursue subdivision approval for an adjacent parcel, potentially for generative AI workloads which require significant power. Plaintiffs, like Jacob Fortes, hope the lawsuit will finally bring their long-standing concerns to the forefront.