Permitting Challenges in Data Center Construction: Federal and State Regulatory Update, Permitting Strategies, Hosted by BARBRI

This CLE webinar will discuss permitting strategies for data center construction projects. The authoritative panel will provide an update on the status of federal and state regulations impacting project permitting, discuss compliance challenges for project participants, and offer best practices for developing permitting strategies.

Overview

The permitting requirements for hyperscale data center construction projects are extraordinary. Project participants must comply with multiple layers of federal, state, and local permitting requirements including zoning and land use laws, environmental standards, and utility capacity.

To streamline the permitting process for data centers, the Trump administration issued an executive order (EO), "Accelerating Federal Permitting of Data Center Infrastructure," with the aim of pushing data center development in the US by reforming and expediting relevant environmental and permitting reviews. For example, in line with the EO's directive, the EPA recently proposed a rule to loosen air permitting standards and remove certain restrictions to allow for the construction of project components that do not emit air pollutants before a New Source Review air permit is issued.

However, even if the federal government loosens permitting requirements for data center projects, parties must still navigate a regulatory landscape where state and local governments are increasingly scrutinizing new data center projects, with several states considering legislation that could significantly limit data center development.

Counsel and their clients involved in data center construction projects should understand the permitting requirements for these large-scale projects and the potential challenges they may face. 

This panel will discuss permitting requirements for data center construction projects. The panel will also examine the status of federal and state regulations impacting these projects and offer best practices for developing compliant permitting strategies.