Greater Birmingham Humane Society Sues City of Birmingham Over Nebius Data Center Project

The Greater Birmingham Humane Society (GBHS) has initiated legal action against the City of Birmingham and Nebius Entities, the developers of a proposed 300-megawatt hyperscale AI factory. The lawsuit, filed in July 2026, aims to halt the data center project, which is planned approximately 1,200 feet from GBHS's future animal healing campus in Oxmoor Valley. GBHS CEO Allison Black Cornelius stated the core question of the lawsuit is whether laws were followed in the project's approval process.

GBHS claims the AI factory cannot proceed without special exceptions required for a substation and switching station under the City's zoning ordinance. The lawsuit challenges a memorandum from the City Attorney and a decision by the City's Director of the Department of Planning, Engineering, and Permitting, which allowed Nebius to proceed without these exceptions, asserting these actions incorrectly applied the law and de facto rezoned the property. GBHS also alleges that its appeal of these acts was not heard, violating Alabama law and its procedural due process rights.

Concerns raised by GBHS include potential adverse impacts on the surrounding community and its animal care campus, citing issues such as noise, heat, water demand, electrical infrastructure, light pollution, and traffic. The filing also accuses the company and city of acting in bad faith, pointing to the premature cutting of old-growth trees and the "lightning speed" of the data center's permit review compared to GBHS's own construction project. Previously, GBHS launched a petition garnering over 11,000 signatures in opposition to the project.