Developer seeks recusal of 6 Archbald council members in Wildcat Ridge data center case
Attorneys representing the developer of the proposed Wildcat Ridge Data Center Campus have filed motions seeking the recusal of six Archbald Borough Council members from the conditional use hearing due to alleged appearance of impartiality. The legal challenge came during the eighth conditional use hearing, which also featured rebuttal testimony on air quality compliance from the developer's expert. The hearing is ongoing, with council members expressing concern over conflicting expert opinions on health impacts versus regulatory compliance.
A legal challenge has emerged during the conditional use hearing for the proposed Wildcat Ridge Data Center Campus in Archbald, Lackawanna County, Pennsylvania. Attorneys representing the developer filed motions asking six of the seven Archbald Borough Council members to recuse themselves from the project, citing concerns over the appearance of impartiality.
The developer's attorney, Lucas Liben, argued that a reasonable observer would perceive a lack of impartiality from the six council members named in the motions, in addition to the actual presence of bias. If the motions are successful, it is unclear who would make a local decision on the application, potentially leading to procedural complications and legal issues under Pennsylvania law regarding statutory decision deadlines for conditional use applications.
The eighth conditional use hearing also included rebuttal testimony on air quality from Tom Muscenti, regional director with Trinity Consultants. Muscenti testified that the proposed facility, which would include 14 data center buildings and 588 backup diesel generators on over 574 acres, would meet federal Environmental Protection Agency and Pennsylvania Department of Environmental Protection permitting requirements and qualify as a synthetic minor source. His testimony directly challenged a previous expert retained by residents, who had raised concerns about potential significant negative health impacts.
Council members questioned Muscenti's testimony, noting the conflicting expert opinions on health versus regulatory compliance, and expressed concern about the information provided. Muscenti clarified his expertise lies in environmental permitting, not health impact studies. The conditional use hearing is scheduled to continue.