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LEHIGH VALLEY WEATHER

Lawsuit challenges Pennsylvania data-center approval law

Opponents of a proposed South Whitehall Township data center may soon be watching a court case unfolding 150 miles away.

A lawsuit filed in Commonwealth Court challenges Pennsylvania’s “deemed approval” law, arguing developers should not be able to secure automatic project approvals when municipalities fail to act within state-mandated timelines. The outcome could influence how data center proposals and other major developments are reviewed across Pennsylvania.

The issue is particularly relevant in the Lehigh Valley, where South Whitehall officials are considering Project Atlas, a proposed 1.5 million-square-foot data center campus on 410 acres near Parkland High School. Residents have raised concerns about environmental impacts, noise, power consumption and compatibility with surrounding neighborhoods, while township officials have said they must review the proposal under existing Pennsylvania land-use laws.

The Sept. 25 lawsuit was filed by environmental advocacy group Green Amendments For The Generations, Muncy Township and several residents. According to a press release from the organization, the challenge stems from a proposed Lycoming County data center whose developers claimed the project received a deemed approval after municipal deadlines were not met. Petitioners argue those provisions of the Municipalities Planning Code violate constitutional environmental, property and due-process rights by allowing projects to move forward without a full local review process.

Maya van Rossum, founder of Green Amendments For The Generations, said in the press release the law gives developers excessive control over review timelines and can limit opportunities for municipalities and residents to evaluate large projects and voice concerns.

Residents involved in the lawsuit cited concerns about potential noise, pollution and water-use impacts from the proposed data center.

The petition asks the court to strike the challenged provisions from state law. A ruling in the case could have implications for future development reviews across Pennsylvania, including large-scale data center proposals such as Project Atlas and other projects under consideration in the Lehigh Valley.