Cleared for construction: Managing community disputes

Community concerns about data center development are growing, and they are changing the approval process even where the rules have not changed. Megan Haines and Jeff Wilhelm explain how developers can plan for it.

Projects can face comment letters urging agencies to deny permits, challenges to permits once they are issued, and, ultimately, litigationorganized public opposition during the approval process, and legal challenges to permits after issuance. In Megan’s experience, most projects involve three to five public hearingsanywhere from three to five public hearings, and sometimes more. Jeff explains that you typically build your administrative record in front of the municipality, and correcting it later, at the trial court level, is difficult.

Their advice starts with siting: Jeff’s ideal site is near infrastructure in an industrial area, which tends to raise fewer concerns than prime agricultural land. Megan recommends building longer reviews and possible litigation into project and contract timelines. Jeff stresses a community engagement plan that is realistic about a project’s impacts, and Megan has seen how touring an operating data center can answer concerns about noise and air emissions.