Lowell residents have filed a lawsuit against a data center and state environmental regulators, alleging the facility has harmed their neighborhood and that officials unlawfully sidestepped public oversight during its approval process.

The complaint, filed April 27 in Middlesex County Superior Court, targets the Massachusetts Department of Environmental Protection and the data center’s owner, Markley Group. The 10 plaintiffs — members of a grassroots group known as Honest Future for Lowell — say the facility’s growth has disrupted life in the city’s Sacred Heart and Back Central neighborhoods, both long designated as environmental justice communities.

At the center of the lawsuit is a 352,000-square-foot data center that residents say looms over nearby homes, with cooling tower mist settling on properties and diesel generators contributing to noise and emissions. The filing alleges industrial generators sit behind a neighborhood little league field and that surveillance cameras monitor surrounding streets and backyards.

Attorneys for the plaintiffs say the lawsuit is the first against a data center in Massachusetts, potentially setting a precedent as similar facilities rapidly expand nationwide alongside growing artificial intelligence infrastructure.

What the lawsuit is about

The residents are represented by attorneys from Yale Law School’s Environmental Justice Law and Advocacy Clinic and the Conservation Law Foundation. Their legal challenge focuses on the DEP’s approval of a July 2025 air quality permit for the site and what plaintiffs describe as an “unlawful” administrative agreement that allowed construction during an ongoing appeal.

Stephanie Safdi, a Yale Law School professor representing the plaintiffs through the school’s Environmental Justice Law and Advocacy Clinic, said the lawsuit challenges both the DEP’s approval of an air permit for eight new diesel generators and the agency’s issuance of an “administrative consent order” that allowed construction to proceed before the appeals process concluded.

“We think it is unauthorized or unlawful permission for the company to go ahead and undertake these activities without going through the full permitting process,” Safdi said.

The dispute began in 2025, when Markley applied for an air permit to add eight new diesel generators at the site, bringing the total to 27 generators and 16 cooling towers. The DEP approved the permit on July 3, 2025. The residents appealed weeks later, but it was denied in August, according to the lawsuit. They were told they could continue the appeal individually as “aggrieved persons,” leading to the April 2026 lawsuit.

The plaintiffs are asking the court to revoke both the DEP’s air permit approval and the consent order, arguing the latter exceeds the agency’s authority. 

Alexandra Enrique St. Pierre, vice president for the Conservation Law Foundation’s environmental justice program and a representative for the plaintiffs, framed the case as being about power imbalances between Markley, the state, and the community.

“This case is about fairness to a community that is simply trying to go about their lives in a place that they’ve called home for years and have a say in what that looks like,” St. Pierre said. “Pretty much everything that DEP and Markley have done in this case has been designed to exclude residents.”

She called the consent order a “secret side process.”

“Without telling anyone, they had entered into an administrative consent order to allow Markley to proceed as though the permit had already been granted,” she said.

The lawsuit comes amid growing scrutiny of data centers nationwide, as demand rises with the expansion of artificial intelligence infrastructure. In Lowell, it also follows a recent city council vote to impose a temporary moratorium on new data center construction and expansion.

How residents are impacted

For residents, the lawsuit reflects years of frustration.

Plaintiff Mary Wambui, who has lived in Lowell since 2002, became involved after learning about plans to add more diesel generators to the data center.

“I decided to start going to the city council meetings and adding my voice,” she said.

Her concerns deepened when residents discovered construction activity during the appeal process. 

“We were like, how did this happen in the middle of an appeal?” Wambui said.

Another plaintiff, Jacob Fortes, lives in a home that lies along the facility’s southern border where four diesel engines sit behind his house, the closest one being 84 feet away.

“How that was ever allowed to happen … is a fundamental breakdown,” he said.

Fortes said on a windy day, fumes from the diesel engines will come into the second story of his house, calling it “the nightmare situation of which I’ve been in for 10 years.”

“At the end of the day, I just want a balance of power between residents, companies, and state bodies,” Wambui said.

The Markley Group did not respond to Boston.com’s request for comment.

For the plaintiffs, it’s a cautionary tale for other communities facing data center development.

“The larger world needs to see what is going on in Lowell, Massachusetts,” Fortes said.

Lowell residents v. MassDEP, Markley

Annie Jonas is a Community writer at Boston.com. She was previously a local editor at Patch and a freelancer at the Financial Times.

LYNNFIELD — A wrong-way driver in a Jeep, later identified as Hernan Marrero, 50, of Roslindale, traveling south in the northbound lanes of Route 1 at 2:04 a.m. Wednesday crashed into a Massachusetts State Police cruiser, killing the driver at the scene and critically injuring State Trooper Kevin Trainor, who later died at Massachusetts General Hospital.

Trainor, who served with the Essex County Sheriff’s Department as a dedicated correctional officer from 2021 to 2023, was remembered by the department.

“In that time, he made a meaningful impact on those around him. He was known for his professionalism, his strong work ethic, and the genuine care he showed for his fellow officers and the people he served,” a statement from the Essex County Sheriff’s Department said.

It continued, “Kevin was someone his colleagues could count on. He was steady, respectful, and committed to doing the job the right way. His decision to continue his career with the Massachusetts State Police reflected his deep commitment to public service and his desire to protect others. Trooper Kevin Trainor will be remembered for his dedication, service, and sacrifice. He will always remain part of the Essex County Sheriff’s Department family.”

A press conference was held at the State Police Danvers Barracks with Gov. Maura Healey, Colonel Geoffrey Noble, and President of the State Police Association of Massachusetts Brian Williams.

“Today, the Massachusetts State Police mourns the line of duty death of trooper Kevin Trainor, who was senselessly killed this morning by a wrong-way driver,” said Noble, who is the superintendent of Mass State Police.

Noble said that Trainor’s shift had ended at 2 a.m. and that he had begun his commute home when a call came in for a wrong-way driver on Route 1 northbound in Lynnfield.

“Several dedicated troopers in the area responded, converging to the area and located the vehicle traveling the wrong way at 2:03 a.m. And just one minute later, at 2:04 a.m., a Jeep collided with Trooper Trainor’s cruiser head-on,” he said.

Later, he noted that Trainor had done what all troopers do on and off duty: “be there to help.”

Noble continued that the reckless actions of the driver “stole” Trainor from his family, including his “brothers and sisters with the Massachusetts State Police.”

“Today and always, we will stand beside them to support them in honor of Kevin’s memory… We will never forget his service as a decorated Massachusetts State Trooper. At just 30 years old, a trooper of only three years, Kevin epitomized what it means to be a public servant in the Commonwealth of Massachusetts,” he said.

Noble said that Trainor had mentored others and set the standard for professionalism.

“He earned a place on the prestigious Troop A Community Action Team. It patrolled our roads with a singular focus: keeping the people of this Commonwealth safe,” he said. “… As one person put it, he was the guy you wanted as your backup. Not just on the job, but in his personal life too.”

Noble described Trainor’s actions as heroic and said that he was certain that if Trainor hadn’t stepped in, many more tragedies would have occurred.

“I am grateful to stand in this moment with our governor, the secretary of public safety, and our law enforcement partners today as we honor an extraordinary man, son, fiancée, brother, nephew, and friend who gave his life in service of others,” Noble said.

Healey expressed her condolences to Trainor’s family, stating that the Commonwealth had lost a hero.

“He was doing heroic work… Kevin came from a family of public service. His siblings, who I met, (an) EMT, a firefighter, a physician’s assistant, among others. And Kevin was about public service,” Healey said.

She continued that everyone should take the time to express gratitude toward law enforcement and that she will make sure the Commonwealth honors Trainor and his family.

Williams stated that he and the rest of the association are deeply saddened by Trainor’s death.

“His actions reflect the very essence of service and dedication to the communities we serve. Trooper Trainor is a hero. He served with courage, integrity, and an unwavering commitment to the state police, to his fellow troopers, and to the citizens of this Commonwealth,” Williams said.

He continued that the associations, Noble and his command staff, and the entire membership are working to support the Trainor family and department members.

The case remains under investigation by the Massachusetts State Police Collision Analysis and Reconstruction Section, Troop A Detectives, Crime Scene Services Section, State Police Detectives assigned to the Essex County District Attorney’s Office, and the Office of the Chief
Medical Examiner, according to the Massachusetts Essex District Attorney’s office.