Organizers: Concerned citizen involvement is vital in addressing data center projects and there are many ways to get involved

Riverkeeper's note: This is one of several new articles involving the massive surge of data center proposals across the greater watershed and what it may mean, how to get involved and what impacts there could be. They will be compiled into a special report once all components are complete. 

When a 1,000-acre data center was proposed within a half-mile of Isabella Bevilacqua’s Covington Township (Lackawanna County) home, she felt a need to get involved – especially after officials pushed through the application despite opposition of 500 of her neighbors and friends who showed up to the hearing.

“One of the biggest drivers for me is the lack of transparency, which is not acceptable when you're accountable to taxpayers,” she said. “Also, the deforestation, destruction to protected wetlands, lack of environmental/health impact studies and the threat of light, noise and air pollution is deeply concerning. Not to mention, of course, the water. We're on a well, we depend on the health of the aquifer for our water needs.”

She didn’t realize getting involved would catapult her into a regional leader for data center opposition, but now she is regularly in contact with concerned citizen groups all across the state.

“I’ve even branched out across state lines, regularly connecting with peers in states like Virginia, Michigan, Ohio, Tennessee and Texas,” she said.

In all those locations, the one common denominator has been the vital importance of individuals getting involved like she did in a wide variety of ways.

“Community pressure is the only mechanism that forces local officials to pause, demand transparency and remember who they actually represent,” she said, especially, she added, in cases where developers and local officials work under non-disclosure agreements for months – or even years – before the public is notified.

“By the time a proposal hits your backyard, the developer already has a massive head start,” she said. “Without intense, organized and vocal community involvement, zoning changes and tax breaks are rubber-stamped.”

Sam Burleigh, who helped organized the Concerned Citizens of Montour County movement in response to a zoning change request by Talen Energy in Anthony Township (Montour County) a short distance from his home, agreed with Bevilacqua.

“Community awareness and unity will make or break a campaign,” he said. “Ask yourself if you want to leave this for your children and grandchildren to deal with?”
 
What “getting involved” looks like
According to Dr. Colby Wesner, another co-founder of the Concerned Citizens of Montour County group, suggested that getting involved means showing up.

“I have personally learned how incredibly, incredibly important it is to be involved in your local government. It is something I took for granted,” he said. “Attending your small municipality public meetings is vital in keeping educated and engaged with the decisions that are being made to shape your communities.”

For those who may neglect getting involved for fear of needing to speak publicly about concerns they have, Bevilacqua pointed out that “we need a backstage crew as much as we need people at the microphone.”

As a data engineer and technology executive who plans data infrastructure strategy, “I’m one example of this backstage crew helping to drive the opposition.”

Other ways to be supportive of a movement, according to Bevilacqua, includes “researching property records, analyzing town water reports, staying up to date on municipality meeting minutes, designing flyers, writing email templates, filing Right-To-Know requests or managing a Facebook group.

“The opportunities (to get involved) are endless, and the behind-the-scenes work is as critical as those who serve as the face of the fight,” she said.

According to Burleigh, doing things like research may seem time-consuming and boring at times, “but that is how things get done.

“Once a person starts doing research and knowing it is credible information, their comfort zone will expand quickly. They will develop the confidence to speak more and speak from their heart, but know that what they say is the truth and no one will have the ability to question it,” he said. “These companies and their lawyers use technical terms, but they are no better informed than one who has done the research.”

Burleigh admitted that he knew nothing about data centers when he first got involved and only had some general knowledge on how local government worked, but “there is plenty of material available for anyone to learn and become knowledgeable.”

That education should start locally, Wesner added.

“The best place to begin is learning about your township’s ordinances and zoning,” he said. “It is very important to be proactive in this process. You want to encourage your municipalities to have strong zoning and ordinances in place.”
 
Rights vs. legal consequences
While developers sometimes use intimidation tactics, including threatening legal consequences against those who speak against them, Bevilacqua urged people to know and stand on their rights as citizens to be involved.

“We have fundamental First Amendment rights to petition the government and speak at public hearings,” she said. “For people who are comfortable in working a room, understanding your rights is paramount. I’d recommend reading up on the Sunshine Act.”

According to Burleigh, legal blowback is “almost always hot air threats with little to back it up. If someone does the research and backs it up with the facts, there is no legal blowback,” he said.

“Accusations, false statements or violations of the law need to be avoided,” he cautioned. “But, believe it or not, it is often the data center constituents that use these tactics.”

Regardless, it is important to ignore claims by these groups that data center development in their backyard is inevitable.
“Defeatism is a developer’s greatest weapon. Even if a project cannot be entirely stopped, which is our non-negotiable goal, community pushback is exactly how you force massive concessions, like noise barriers, water usage caps and infrastructure bonds, that protect the town,” said Bevilacqua, adding that she “is not an attorney and not providing legal advice. Anyone concerned about their rights should consult an attorney for guidance.”

Knowing and embracing your reasoning for getting involved is a key process in being successful, regardless of what you believe on either side of the discussion, according to Burleigh.

“Think to yourself: ‘Why am I taking the position I am?’ Is it to stop the destruction of a community, preserve natural resources? If you don’t know the reason why you are taking the position, there is no way you can move forward,” he said.
 
Acknowledging the concerns, building an ordinance
Knowing the potential issues data centers can cause and focusing on taking on those areas is an important strategy, according to Burleigh.

“Developers are desperate to get their projects approved and will say anything to do it. They may say they will use closed-loop systems for cooling, but what if they can only get the materials for a portion of the system or they need to use additional cooling,” Burleigh said. “In these projects, water consumption should improve over time (as technology advances), but the water is going to be a major game player for the foreseeable future. How long until all the new accumulative water draws from the rivers begin to affect their flow?”

Wesner agreed that hyperscale data centers will be very resource (water and power) intensive even with recent technological advances, and protecting against depletion of those resources is vital.

“Communities that have experienced these facilities recommend at least 1,000-foot setbacks from residential areas to minimize impacts,” he said. “I think focusing on noise aspects is important for an ordinance, too, as this seem to be a common concern. Having the backup diesel generators, which seem to be a very common part of these campuses, be subject to noise limits is important in my opinion.”

Additionally, Burleigh suggested the list of things an ordinance should address could “go on forever!”

“Accessory locations, accountability and penalization for non-compliance (data centers will pay daily fines as long as they can keep running,” he said. “Also, decommissioning clauses are important to consider up front.”

Model ordinances are available from numerous groups as a starting line to developing what works for your community.
 
Lessons learned about taking a stand
If she could do things differently earlier in the process, Bevilacqua said it would be staying deeply involved in what’s happening in your community.

“Even if you can’t attend every council or township meeting, make it a point to read the meeting minutes, show up occasionally to your borough building to let you elected officials know that you’re watching and expecting proper, ethical and legal representation and talk to your neighbors,” she said. “I often wonder what I would have found out if I had been more involved in community government, say, three or more years ago!”

She also suggested forming a stronger relationship with your local and state elected officials.

“Call, email, talk with them at community events,” she said. “Let them know that you need them to care in order to receive your support come election time.”

Lastly, she urged staying close with your neighbors and others in the community.

“If there is a Facebook group dedicated to opposing data centers in your town, join it. If not, make one yourself,” she said. “Also, stay in touch with neighboring communities – their fight is your fight and your fight is their fight.”

Burleigh agreed that standing alongside neighbors in these cases is empowering and inspiring.

“The sense of community is still out there when people drop their differences to work together for the common good,” he said. “Sometimes, we think we have to go it alone when the fact of the matter is there are others that are willing to stand beside you. Communities do exist if we let them.”

However, he added that it is imperative to act swiftly.

“These people do this for a living and know the procedures like the back of their hand. Meanwhile, most residents have full-time jobs or other full-time responsibilities to deal with,” he said. “Don’t be afraid to ask questions and don’t think that you can’t win. There are more cases of data centers not getting what they want almost weekly now.”

In regards to Burleigh’s Anthony Township, Montour County commissioners decided unanimously against allowing Talen Energy to rezone agricultural land to industrial.

“You have to ask yourself, whose town is it? Who lives there? Who sits beside you at school and church functions,” he added. “Do not think they (data center developers) care about who lives there – companies are all about profit.

“Don’t get snowballed – get involved!”