Environmental groups question NDA tied to proposed ‘Project Marvel’ data center in Bessemer
Environmental groups are raising concerns about a non-disclosure agreement (NDA) signed by Bessemer city officials regarding a proposed data center project called "Project Marvel." The groups threatened legal action under the Open Records Act to obtain the NDA, which they believe contains problematic provisions. The project is projected to bring significant economic benefits to Jefferson County.
Environmental groups are expressing serious transparency concerns over a non-disclosure agreement (NDA) signed by Bessemer Mayor Kenneth Gulley, the city attorney, and the mayor’s chief of staff, related to a proposed large-scale data center known as "Project Marvel" in Bessemer, Alabama. The Birmingham Business Alliance projects the data center could generate approximately $75 million annually for Jefferson County and its school system over the next two decades.
However, environmental advocates from the Southern Environmental Law Center, representing the Alabama Rivers Alliance, stated they had to threaten legal action to secure the NDA and other related records. Ryan Anderson, a staff attorney, noted that the city initially failed to respond to an Open Records Act request submitted a year prior during the rezoning process, which sought information on potential environmental impacts and the NDA. Only after sending a demand letter arguing the NDA was a public record did the city provide the document days later.
Charles Miller, policy manager for the Alabama Rivers Alliance, questioned the NDA's use in this context, specifically criticizing provisions that he claims instruct public servants to destroy communications between themselves and developers, deeming it an overstep and a disservice to the public. The NDA reportedly took effect in February 2025 and is set to run through February 2027. WBRC's attempts to reach the City of Bessemer for comment were unsuccessful as of publication.