Staff Reports
New reporting shows a serious secrecy problem in Pennsylvania. Public records requests turned up signed nondisclosure agreements — NDAs — in nearly half of the municipalities that once hosted data centers on the state’s fast‑track list. That’s a fresh, document‑based revelation and a real wake‑up call about who local officials are answering to: their neighbors or the big tech lawyers who promise jobs and demand silence.
Documented secrecy: what the records revealed
The Center Square’s Right‑to‑Know requests produced NDAs from towns that had data center proposals tied to big companies. Officials in Salem Township, Falls Township and Shippingport signed confidentiality papers; one fast‑track township stopped responding to records requests altogether. Reporters asked 30 municipalities; the NDAs showed up mainly where projects had been on the state’s fast‑track list. As David Cuillier put it, these things “cut the public out of the conversation.” That’s exactly what they were designed to do.
Why this matters to Pennsylvania families
NDAs can hide how much energy and water these facilities will use, what roads or pipelines might be built, and what tax deals are on the table. Senator Richard Blumenthal has opened a national inquiry into this practice for a reason: communities deserve the facts before votes are taken. Transparency attorneys say municipal NDAs leave a very bad impression and may even be unenforceable — but impression or not, the damage is done when citizens are shut out of decisions about their own towns.
Governor Shapiro’s executive order — helpful but limited
Governor Josh Shapiro took action at the state level, removing data centers from the fast‑track permitting program and saying state agencies can’t use NDAs for these projects. He also ordered the environmental agency to adopt stronger standards and public reporting. That’s welcome, but it leaves a big gap: the executive order does not automatically void NDAs that independent municipal boards signed. In plain English, it fixes state behavior but leaves small towns stuck with secrecy agreements they may not even understand.
What should happen next
Municipalities should rescind any NDAs tied to data‑center proposals and publish the full records so residents can see the deals being negotiated in their names. The Governor and the Department of Environmental Protection should push for immediate disclosure and give clear guidance to towns. If local leaders won’t act, the legislature should pass a law banning municipal NDAs for large infrastructure projects and strengthening Right‑to‑Know enforcement. Pennsylvanians deserve open meetings and honest answers — not whispered deals and legalese sold as “confidentiality.” It’s time to bring the sunshine back to local government.
