Oral arguments heard over proposed data center in Spartanburg County
Oral arguments were heard in a legal dispute concerning a proposed $3 billion data center in Spartanburg County, South Carolina. Neighbors and the Southern Alliance for Clean Energy are suing the developer, Valara, and Spartanburg County, alleging that the project is being improperly treated as a 'minor land development' to avoid public planning review. Opponents are concerned about pollution and high energy use and seek a permanent injunction to halt the current permit processing.
Oral arguments were heard in Columbia, South Carolina, regarding a nearly $3 billion data center proposed for Spartanburg County. The Valara Data Center, planned for the old Kohler plant site just outside the city of Spartanburg, is considered one of the largest investments in South Carolina.
Spartanburg neighbors and the Southern Alliance for Clean Energy (SELC) have filed a lawsuit against the developer, Valara, and Spartanburg County. They accuse the parties of attempting to bypass the public planning commission process by classifying the project as a 'minor land development' rather than a 'major land development.' Minor developments are reviewed by staff without public process, while major developments require public review.
The SELC and neighbors are concerned about potential pollution and high energy consumption. They are seeking a court order to require public disclosure and state commission approval for the project under the Siting Act, which they claim Valara failed to do. Furthermore, they want the court to declare that Spartanburg County must comply with its own ordinances, demanding Valara obtain a 'major land development permit.' They also seek a permanent injunction to stop the county from processing Valara's current 'minor land development' permit application. Valara, in turn, argues that the commission lacks jurisdiction because it is a private company generating private energy, not a public-serving facility.