About the Case
Lowell is the fifth most populated city in Massachusetts and a diverse and thriving community despite challenges posed by its industrial legacy. Lowell was founded as a textile town in the 1800s, but its economy suffered when the mills closed in the early 20th century. An influx of new commercial facilities has taken their place, bringing opportunities as well as new forms of social and environmental challenges for the city’s 115,000 residents. Today, nearly all Lowell residents live in State-designated Environmental Justice neighborhoods.
In July 2015, the Lowell Planning Board granted an application by the Markley Group, LLC to open a data center in the 350,000 square foot former Prince Pasta factory. The facility is located in Lowell’s residential Sacred Heart neighborhood, abutted by homes and recreational facilities, including a park and baseball field. Over the past several years, the Markley Group has expanded data storage and processing capacity and associated infrastructure at the data center, responding to what the Markley Group has characterized as growing client demand for data services driven by the use of Artificial Intelligence.
On April 28, 2025, the Markley Group submitted an application to the Massachusetts Department of Environmental Protection (MassDEP) for a non-Major Comprehensive Plan to operate 27 diesel backup generators and 16 cooling towers to support data services. During the 30-day comment period, residents wrote in with concerns about localized air pollution, noise, odor, dust, health risks, and climate impacts of the expansion plan. MassDEP approved the plan on July 3, 2025 without cumulative impacts analysis or review under the Massachusetts Environmental Policy Act.
Following the plan approval, concerned neighborhoods came together as the community group Honest Future for Lowell to challenge the continued expansion and lack of environmental review. The group retained the Clinic together with Alternatives for Communities & the Environment to appeal the plan approval to the MassDEP Office of Appeals and Dispute Resolution. Honest Future for Lowell’s filings in the appeal emphasize the risks to residents’ health and wellbeing from air pollution emitted by diesel generators located adjacent to homes, near-constant noise from the generators and other equipment at the data center, and mist from the cooling towers coating residents’ properties. Residents have also raised concerns with cumulative impacts of these environmental stressors together with other sources of pollution in the community.
On August 27, 2025, the Presiding Officer denied motions to dismiss by the Markley Group and MassDEP, holding that eight members of Honest Future for Lowell have standing to pursue the appeal. On October 1, 2025, on order by the Presiding Officer, the Clinic filed a memorandum on behalf of the residents identifying lay and expert witnesses and outlining plans to take discovery in the appeal. On November 26, 2025, the Clinic filed a brief in opposition to motions for summary decision by Markley Group and MassDEP, urging the Presiding Officer to allow the residents’ claims to proceed to evidentiary hearing.