NRDC and NAACP Demand Public Record Preservation for Proposed Alabama Data Center

BESSEMER, Ala.  – NRDC (Natural Resources Defense Council) and NAACP have demanded greater public records transparency from the City of Bessemer, Alabama about the impacts of the proposed data center Project Marvel, one year after initial records requests and Bessmer environmental justice leaders sounded the alarm about the devastating impacts a proposed data center would have on the city and rural Jefferson County.

We “remain hopeful that these issues may be resolved without litigation. At the same time, the City’s response raises significant concerns regarding transparency, public access to records concerning an important development project, and the preservation of records relating to that project,” NRDC wrote in a letter to the City Attorney’s office today. The letter requests, among other items, documents previously requested that relate to meetings between City officials and the project’s sponsors, any documents withheld pursuant to the terms of a non-disclosure agreement (NDA) between the City and Project Marvel sponsors, and the identification of any documents that were destroyed pursuant to that NDA.

Following NAACP and NRDC’s multiple requests to the city for a complete list of public records pertaining to Project Marvel over the past year, the City Attorney’s office provided only a 32-page response that included few documents directly related to the specific records requests. In June 2026, NAACP and NRDC asked the City Attorney’s office to clarify whether it intends to provide the remaining documents or verify whether they are unable or unwilling to produce them.

“Communities like Bessemer have borne the brunt of toxic industries for far too long. Adding yet another major polluter without full transparency of the impacts into a majority-Black community already burdened by some of the highest greenhouse gas emissions in the nation is unacceptable,” said Abre' Conner, NAACP Director of Environmental and Climate Justice. “If local elected officials aim to center people and environmental and climate justice, it requires full transparency, not backroom deals hidden behind NDAs and months of hiding information owed to the community through public records. Bessemer and the Birmingham metro area are already in a poor air quality region, so of course people will have questions about decisions that directly impact their health and future. We call on the City of Bessemer to reject Project Marvel and any rushed hyperscale data center, uphold the community’s right to clean air and commit to transparent solutions.”

“We are particularly concerned by the City's acknowledgment that records may exist that are withheld from disclosure, coupled with its refusal to provide any description of those records or the basis for their withholding,” the NRDC letter added.

In a public comment letter sent to the Bessemer City Council and the Bessemer Planning and Zoning Commission last year – on September 16, 2025 – the NAACP filed a public records request calling for basic transparency around project planning. Transparency issues include unprecedented NDAs signed by city staff and officials, as well as failure to share with the public any impact analyses of water usage and deforestation, or a disaster management plan.

Among the limited earlier records provided by the City Attorney’s office was a copy of the NDA which includes instructions for the destruction of records, and was “executed by representatives of the city,” and said that they consider the records requests to be complete.

Logistics Land Investments plans to build a data center in Jefferson County, which already is exposed to widespread air pollution issues. Bessemer is home to about 70 percent Black residents and people of color, and some of the largest polluting companies in the country. Bessemer residents endure a daily struggle for cleaner air and civil rights protections against current environmental travesties.  

Background:

In Bessemer and other communities, industry has used NDAs as a matter of standard practice to shield critical information from public oversight. For example, by some estimates, 80 percent of communities in Virginia with data centers have NDAs. The use of NDAs constitutes officials elected by their communities turning their backs on their constituents in the name of hypothetical progress. Meanwhile, communities are left without basic information on proposed facilities, ranging from job numbers to water consumption to air pollution and a host of other variables.

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NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).

The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.