SELC Calls on City to Maintain Data Center Provisions

The Southern Environmental Law Center (SELC) is advocating for the Birmingham City Council to retain a special exception requirement for hyperscale data centers within new proposed regulations. This provision would mandate public hearings for data center developments in mixed-use and light industrial zones, a measure supported by residents for protecting quality of life and the environment. However, Mayor Randall Woodfin and City Councilor Hunter Williams have voiced opposition to the special exception, arguing it politicizes the approval process and could be perceived as 'anti-growth'. The council unanimously voted to postpone a decision on the regulations until early June to allow for further deliberation. Adding to the controversy, the Greater Birmingham Humane Society (GBHS) has filed a lawsuit and two appeals against the city of Birmingham and Nebius, the developer of the BHM01 data center project in Oxmoor. GBHS alleges that a city attorney's memo from Nicole King improperly allowed the BHM01 project to proceed with construction without obtaining necessary special exceptions, thereby undermining public input and the authority of the Zoning Board of Adjustment (ZBA). GBHS contends that the project's switching and substation facilities, designed solely for Nebius, do not qualify as 'neighborhood facilities' as argued by the city, and that the city violated proper procedure by issuing building permits during an appeal period. GBHS seeks to reverse the memo and halt construction, citing concerns over noise impacts on animals and potential harm to neighboring properties.