Lawsuit targets air permit amid Georgia data center build-out

By Rylan DiGiacomo-Rapp | 03/02/2026 01:20 PM EST

The four new gas and oil combustion units at a coal-fired power plant will threaten air quality for millions of people, environmental groups said.

Cars and trucks drive along Interstate 75/85 in Atlanta.

A sign indicates a smog alert day as cars and trucks drive on an Atlanta highway. Erik S. Lesser/Getty Images

Environmental groups have sued Georgia regulators over an air permit for new fossil fuel infrastructure tied to data center development.

The state’s Environmental Protection Division allowed Georgia Power, a utility company, to add four gas and oil combustion units to the coal-powered Plant Bowen facility near northwest Atlanta. The Southern Environmental Law Center and Sierra Club launched the lawsuit Friday to challenge the permit, arguing the new units would release enough smog to threaten air quality for millions of nearby residents, according to a news release.

The groups expressed concern that Atlanta has already surpassed federal ozone limits. Ozone, a pollutant in smog, is linked to a slew of respiratory issues like asthma and premature death.

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“As Georgia Power continues to roll out the red carpet with massive new fossil fuel projects for data center demand that may never materialize, Georgians are paying the price with dirtier air and higher bills,” wrote Marissa Land, Southern Environmental Law Center associate attorney, in the release.

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