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Louisiana officials used nondisclosure agreements to hide details of a $3.6 billion data center project from residents until construction had already started, sparking anger and prompting lawmakers in multiple states to consider banning the practice. The company and officials claim NDAs are necessary for competitive advantage and securities compliance, but transparency advocates argue they give corporations unfair leverage while shutting out the public from decisions affecting their communities.
- At least 54 NDAs have been signed by Louisiana officials on various projects since early 2024, with researchers finding NDAs used in at least 25 of 31 data center projects surveyed in Virginia—suggesting the practice is standard across the country.
- The Delta Forge 1 data center will draw 300 megawatts of electricity (enough for roughly 200,000 homes) and bring 1,000+ construction jobs and 200 permanent jobs, but residents learned details only after fences went up and earthmovers started clearing the 300-acre site.
- Bills to ban NDAs for data center projects have been introduced in Michigan, Oklahoma, Kentucky, Ohio, and Pennsylvania, with Pennsylvania's governor already banning them for state agency projects; Applied Digital's CEO acknowledged the secrecy "feels sneaky to people," but justified it citing securities law and material non-public information rules.
- A nearby $10 billion data center in West Feliciana Parish proceeded without NDAs, with officials posting all agreements and land details publicly online, proving transparency doesn't require secrecy.