Lowell residents sue data center, state over air quality permit

A group of Lowell residents has filed a landmark lawsuit in Middlesex County Superior Court against the Massachusetts Department of Environmental Protection (MassDEP) and Markley, the owner of a local data center. The plaintiffs allege that MassDEP improperly approved air quality permits for Markley's expansion plans, specifically the installation of eight new diesel generators, despite resident objections. The lawsuit claims MassDEP and Markley entered into an "undisclosed agreement" to bypass community opposition, a move that resident Mary Wambui describes as a violation of her right to equal participation. Neither MassDEP nor Markley have commented on the lawsuit, which comes as scrutiny over data centers and their environmental impact, including high energy and water consumption, intensifies nationwide and in Massachusetts. Governor Maura Healey signed a data center tax credit into law in 2024, although environmental concerns are still being raised. Earlier this year, Lowell enacted the first moratorium on new data center construction or expansion in the state, in response to Markley's expansion proposals. The lawsuit details how residents living near the 14-acre data center, located in a state-designated environmental justice community, have experienced air pollution, odors from diesel generators, increased traffic, and constant surveillance. The legal challenge, supported by the Conservation Law Foundation and Yale Environmental Justice Law and Advocacy Clinic, focuses on a 2025 air permit application from Markley to install the new generators, which would bring its total to 27 generators and 16 cooling towers. Residents argue MassDEP improperly rejected their right to appeal and excluded evidence, and that the agency quietly allowed Markley to begin installing the generators through an administrative consent order dated September 29, 2025, without informing the plaintiffs despite their ongoing appeal.