Environmental groups question transparency after reading City of Bessemer data center NDA
A data center project in Bessemer, Alabama, is facing scrutiny from environmental groups over a non-disclosure agreement (NDA) signed by the city. The groups, represented by the Southern Environmental Law Center, allege the NDA is overly broad, potentially illegal, and keeps critical project details secret, including environmental impacts, developer identity, and water/electricity usage. They only obtained the NDA after threatening litigation.
Environmental groups are raising questions about government transparency surrounding a controversial data center project in Bessemer, Alabama. The Southern Environmental Law Center obtained a nondisclosure agreement (NDA) signed by City of Bessemer officials, including the mayor, related to "Project Marvel Data Center," only after threatening legal action.
Attorneys for the Southern Environmental Law Center argue the NDA is excessively broad, prohibiting the city from disclosing environmental impacts, the developer's identity, or the end-user. They specifically cited a clause requiring the city to destroy certain documents, which they believe is at odds with public records laws and is "clearly illegal for public officials to destroy public records."
Concerns also extend to the project's resource demands. Initial documents indicate the data center could request 2 million gallons of water per day from the Warrior River Water Authority. Additionally, it would require 1200 megawatts of electricity, equivalent to the consumption of approximately 760,000 residential homes in Alabama. The mayor's office had not responded to inquiries regarding the NDA's release, the decision to enter the agreement, or its compliance with open records laws at the time of the report.