Judge halts expansion of massive data center in Lowell, Massachusetts neighborhood
For years, Jake Fortes has been in an all-out battle with his back door neighbor, a more than 350,000-square-foot data center in the middle of the Sacred Heart neighborhood in Lowell, Massachusetts.
From his front lawn, Fortes pointed out a diesel smokestack that sits 84 feet from his home. Fortes told WBZ that the company that owns the data center, the Markley Group, runs backup diesel generators about five to 10 minutes per week, spewing fumes into his home.
"When they turn them on, the smoke literally just wafted into the first floor of our house, filled up the second floor 'cause it rises, and the whole house smelled of diesel fumes," Fortes said.
Last year, the Massachusetts Department of Environmental Protection, or DEP approved a permit for the data center to have up to an additional eight diesel generators, bringing the center's total to 27. In April, a group of community members filed suit, appealing that decision to a Superior Court judge.
"Residents sued Markley and DEP in April because the agency failed to adequately consider the community's existing pollution burden and improperly allowed the expansion to move forward while their challenge was pending," said Alexandra St. Pierre, the Vice President of Environmental Justice for the Conservation Law Foundation.
On Monday, Judge William Barrett issued an order that the massive data center must cease the installation of backup generators.
"It is hereby ordered that the Plaintiffs' motion to stay the enforcement of the Air Permit is Allowed, but only with respect to the four backup diesel generators that have not yet been installed," Barrett wrote in his Aug. 10 ruling. "Markley is permitted to operate the four generators installed previously, subject to the special conditions the Air Permit imposes."
"Based on the limited information presently before the court, however, it appears that the attempts to engage with the community were lacking," Barrett added.
In June, WBZ's David Wade was given an exclusive look inside the data center. He questioned Markley's corporate VP Adam Burnham about community concerns related to air pollution, noise pollution, and the use of hundreds of gallons of water to cool down the facility's thousands of servers.
"I think they're exaggerating," Burnham told Wade.
In response to Judge Barrett's order, the Markley Group released a statement saying in part, "We believe once the full record is before the Court, it will be clear that the previous dismissal of the appeal at issue was proper and that the Court will find in favor of the Massachusetts Department of Environmental Protection and Markley."
MassDEP told WBZ that the agency is still reviewing the order and cannot comment.
Feeling pressure from the community, the Lowell City Council voted in favor of a 360-day moratorium on expansion at the facility.
"It's finally somebody recognizing that the rules haven't been followed," Fortes said.
