Entergy Arkansas has withdrawn a lawsuit against two newspapers and a central Arkansas resident over the publication of details related to a confidential agreement involving a West Memphis data center. The utility filed a notice of dismissal on Wednesday, ending its action against the Arkansas Democrat-Gazette, the Arkansas Times, and Jessica Kivell, who obtained the documents through a Freedom of Information Act (FOIA) request.
The case stemmed from non-public documents that Kivell shared with the Arkansas Democrat-Gazette, which subsequently reported on agreements between Entergy and Altitude Capital LLC, a subsidiary of Google. Entergy maintained that the documents, inadvertently released by state regulators, contained trade secrets.
Earlier this month, a federal judge denied Entergy’s request for a temporary restraining order to prevent the Arkansas Democrat-Gazette and Arkansas Times from publishing further information about the agreements. Following that decision, Entergy announced it would not pursue a preliminary injunction but left open the possibility of seeking damages. Wednesday’s dismissal closes the case.
In a statement, Entergy Arkansas spokesperson Lamor Williams said, “Requesting the court protect confidential customer information was an unfortunate, but necessary step because Entergy is required by law to protect such information.”
Media organizations and press advocates strongly criticized Entergy’s legal efforts, citing First Amendment concerns. Seth Stern, advocacy director for the Freedom of the Press Foundation, said, “Entergy and its lawyers almost certainly knew their lawsuit was meritless when it was filed. When the Supreme Court has held that everything from the Pentagon Papers to names of victims of sex crimes can’t justify a prior restraint, they couldn’t have seriously thought their purported trade secrets did.”
Democrat-Gazette Executive Editor Lee Wolverton praised the outcome, stating, “The primacy of the First Amendment held true. That is critical in our work to fight through obfuscation, parsing, and subterfuge to get to the truth.” Arkansas Times Editor Austin Gelder also welcomed the dismissal, adding, “We’re obviously so pleased Entergy called off their legal threats against the journalists and the good citizen who did nothing wrong and were simply trying to answer a question so many people have been asking.”
The dispute has drawn attention to broader concerns over data centers in Arkansas and nationwide. During a legislative hearing on Tuesday, the co-chairman of the Joint Energy Committee criticized Entergy’s handling of the situation. Several Arkansas communities have taken steps to restrict or block new data center projects, citing concerns over transparency and energy usage.
This conflict highlights ongoing tension between corporate interests asserting confidentiality and the public’s right to information, particularly as the state grapples with the implications of expanding technology infrastructure.