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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.
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.
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
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A man has died following an apparent drowning at a pond in Randolph, Massachusetts, on Sunday.
The Randolph police and fire departments received a 911 call at around 4 p.m. for a swimmer in distress in the water on Pond Street, according to the Norfolk County District Attorney’s Office..
Firefighters located the man a short time later, officials added, and he was taken by ambulance to an area hospital where he was pronounced dead.
The Kingston Fire Department had said just before 4 p.m. that their dive team was activated for a missing swimmer in Randolph, but that the activation was canceled after the swimmer was located.
Further information is not being released at this time, including the man’s name.
Massachusetts State Police detectives and the Randolph Police Department are investigating.
Firefighters in Lawrence, Massachusetts are working to contain a fire that damaged at least three buildings on Sunday afternoon.
Lawrence Fire Chief Patrick Delaney said they received multiple 911 calls about the buildings on fire at the intersection of Haverhill and Margin Street at about 12:45 p.m.
When firefighters arrived, there were three occupied multi-family buildings with heavy fire.
“Crews did an excellent job once they arrived on scene to make sure we did a primary search of all three buildings, make sure everybody was out,” Chief Delaney said.
No injuries have been reported. It is unclear how many people have been displaced from the three buildings that were on fire.
Chief Delaney said the firefighters were impacted by the hot weather.
“The crews are working extremely hard, they’re taking a lot of heat in all three fire buildings and we’re trying to get crews in here to make sure that they’re safe and give them some relief,” Chief Delaney said.
Investigators are working to determine the cause of the fire. Firefighters from other nearby communities responded for mutual aid.
“We’re at a fourth alarm which brings a lot of resources to our city, but they’re well needed in a fire like this,” Chief Delaney said.
Police are asking residents to avoid the area of Haverhill Street at Margin Street because of the fire.
Lawrence, Massachusetts is a city about 30 miles north of Boston.
When a government whistleblower risks a career to expose corruption to a journalist, the first question is always the same: Will my name be kept out of it?
The same is true when a hospital employee reveals a cover-up, when a church insider exposes abuse, or when a corporate source provides evidence that a company has concealed the dangers of its products.
In 41 states and the District of Columbia, a journalist can answer that question with the weight of law behind the promise. In Massachusetts, a journalist cannot.
That is unacceptable for a commonwealth that calls itself the cradle of American liberty and a birthplace of the free press.
And it is also dangerous, especially now, at a moment when journalists face escalating hostility, when federal officials openly threaten and demean the press, and when the legal protections that make independent journalism possible are under assault from multiple directions.
Two bills pending on Beacon Hill would remedy that. House Bill 4638 and Senate Bill 1253, both titled “An Act Relative to the Free Flow of Information,” would establish a statutory reporter’s privilege in Massachusetts, protecting journalists from being compelled to disclose confidential sources or unpublished information except in narrowly defined circumstances involving national security, imminent violence or a defendant’s constitutional right to a fair trial.
Last fall, both the House and Senate members of the Joint Committee on the Judiciary gave these bills a favorable report — marking the first time a shield law bill has ever cleared committee in Massachusetts. Since then, however, the bills have languished. Now, their fate is down to the wire.
The clock is ticking. The formal legislative session ends July 31. If both chambers do not bring these bills to a floor vote by then, the legislation dies, and the entire effort has to start over in the next session.
We urge House Speaker Ronald Mariano, Senate President Karen Spilka, and the leadership of both chambers to ensure that a shield law goes to a vote before time runs out.
The need is more urgent than ever. Just last week, the U.S. Supreme Court declined to intervene in the case of Catherine Herridge, a veteran investigative reporter facing daily fines of $800 for refusing to reveal a confidential source. Herridge’s case arose in federal court, where no shield law applies.
But Massachusetts journalists face a similar vulnerability in state court, where judges apply a discretionary balancing test that has produced inconsistent and unjust outcomes. In the Ayash v. Dana-Farber Cancer Institute case, a reporter and his newspaper were held in contempt for refusing to identify a confidential source — even though the underlying claims were ultimately dismissed.
In Commonwealth v. Karen Read, the trial court reversed its own ruling on a reporter’s claim of privilege, underscoring the current standard’s unpredictability.
This legal uncertainty has real-world consequences.
Sources with information the public should know — about government misconduct, about institutional abuse, about threats to public health and safety — are reluctant to come forward.
Reporters at small and local newspapers, the very outlets that cover city halls and school committees and police departments, face the prospect of costly court battles they cannot afford every time a subpoena lands on an editor’s desk.
A statutory shield law would replace that uncertainty with clearly defined protections, replacing individual judges’ unguided discretion with an unambiguous legal standard on which everyone could rely. The commonwealth’s outlier status grows more conspicuous each year.
In March 2025, Idaho became the latest state to enact a shield law, with its Republican-led legislature approving the law unanimously. There is no reason for Massachusetts not to follow suit.
This legislation carries no fiscal cost. It has no formal opposition. It has the support of every major news and press organization in the state, as well as of the ACLU of Massachusetts and Common Cause. What it needs now is a vote. The people of Massachusetts deserve the same protections for a free and vigorous press that citizens in the vast majority of states already enjoy. The Legislature has just weeks to act. It should not let this historic opportunity slip away.
Robert J. Ambrogi is the executive director of the Massachusetts Newspaper Publishers Association.
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