Jacob v. Massachusetts Department of Environmental Protection

Residents of Lowell, Massachusetts filed an action in Massachusetts Superior Court challenging the Massachusetts Department of Environmental Protection’s (MassDEP’s) approval of an air quality plan for a data center. The residents alleged that MassDEP improperly rejected their standing to administratively appeal and “rubberstamped” the plan despite its inconsistency with state pollution control laws and environmental justice laws and policies. Their petition alleged that the approval violated the Massachusetts Constitution’s provisions “securing the People’s right to a clean and healthy environment” and that the plan was inconsistent with evidence in the record, constituted an abuse of discretion, was made upon unlawful procedure, was arbitrary and capricious, and rested on numerous clear errors of law. The residents’ arguments included that the failure to consider alternatives to diesel generation violated state climate laws and policies. The residents also asserted that a consent order that allowed operation of the data center under a non-final air plan approval exceeded MassDEP’s authorities and violated the residents’ due process rights, the public’s right to notice and comment, and regulations governing review and approval of non-major comprehensive plans.