Bessemer’s data center non-disclosure agreement raises ‘deeply concerning’ public records questions
The City of Bessemer released a non-disclosure agreement (NDA) related to the Project Marvel data center after legal threats from conservation groups. The NDA is criticized for improperly shielding the project from public scrutiny, including its environmental impacts and developer identity. Despite public opposition, the Bessemer City Council approved the rezoning for the large data center project.
The Southern Environmental Law Center (SELC) and Alabama Rivers Alliance successfully compelled the City of Bessemer, Alabama, to release a non-disclosure agreement (NDA) related to the controversial "Project Marvel" data center. City officials complied after nearly a year of requests and threats of a lawsuit, prompting concerns about government transparency.
The released NDA has drawn criticism for its broad terms, which appear to shield the data center project from public scrutiny, including information about the developer, potential water usage, and other environmental impacts. Charles Miller, policy director for Alabama Rivers Alliance, highlighted the concern that the agreement makes city government more accountable to out-of-state developers than to its constituents, as only three city employees, including Mayor Kenneth Gulley, signed the document.
Ryan Anderson, a staff attorney with SELC, called it "deeply concerning" that legal threats were necessary for the city to comply with state open records law, especially for a document designed to obscure information about a contentious project. Project Marvel is described as a hyperscale data center with 18 buildings, estimated to use 1,200 megawatts of power and millions of gallons of water daily, raising significant environmental concerns including impacts on the Birmingham darter fish species.
Despite widespread public opposition, the Bessemer City Council twice voted to rezone 1,600 acres of forested land to accommodate the project.