Judge Dismisses Valera Data Center Zoning Lawsuit as Environmental Group Challenges Formaldehyde Permit
A judge dismissed the Southern Environmental Law Center's lawsuit challenging Spartanburg County's classification of the Valera data center as a minor development. SELC says it plans to appeal and is also asking the South Carolina Department of Environmental Services to reopen public comment over formaldehyde emissions calculations.
A judge dismissed a lawsuit brought by the Southern Environmental Law Center against Spartanburg County over the Valera data center, which is already under construction. SELC argued the county improperly classified the project as a minor development, avoiding the more extensive public review required for major developments. The judge ruled that the group should have first challenged the county's decision before the Board of Zoning Appeals. SELC senior attorney said the organization plans to appeal, arguing that residents were denied meaningful opportunities to participate in the project review.
A separate dispute concerns Valera's potential formaldehyde emissions. The South Carolina Department of Environmental Services classified the facility as an area source and estimated potential hazardous air pollutant emissions at 9.39 tons annually if the facility operated continuously. The agency says continuous operation is unrealistic and is reviewing SELC's request to reopen public comment after the emissions estimate changed. SELC argues the public should be allowed to review the revised calculation.