Flint Riverkeeper and Fayetteville residents plan to file lawsuit against data center developers
Fayetteville residents and Flint Riverkeeper plan to file a lawsuit against QTS data center developers on July 27, after a 60-day notice period. The lawsuit alleges repeated discharges of sediment-filled stormwater and other pollutants from the construction site, violating the Clean Water Act. Plaintiffs are concerned about potential chemical additives and elevated metal concentrations in the water.
Fayetteville residents and the environmental advocacy group Flint Riverkeeper have announced their intent to file a lawsuit against QTS, the developer of a data center project in Fayetteville, Georgia. The lawsuit, planned for July 27 following a 60-day notice, alleges that the data center's construction, which began in 2023, has resulted in repeated and ongoing discharges of sediment-filled stormwater and other pollutants.
According to the plaintiffs, these discharges emanate from multiple points on the QTS property, impacting adjacent residential properties, a tributary of Sandy Creek, and nearby wetlands. They claim deficiencies in the site's erosion control measures violate the Clean Water Act, pointing to alleged unpermitted discharges or violations of existing permits. The complaint also notes that the city of Fayetteville required developers to improve sampling practices in June 2024, but the discharges reportedly continued.
Concerns have also been raised about possible chemical pollutants in the discharges, with descriptions of "odd characteristics indicative of chemical additives, including coagulation, persistent bubbling and presence of sludge material." Laboratory analyses reportedly show elevated concentrations of iron and other metals in water found on adjacent residential land. While the plaintiffs are open to discussions with the developers during the 60-day notice period, they intend to proceed with the lawsuit if the issues remain unresolved.