Legal Actions You Can Take

Opposing a Zoning Variance or Rezoning

Before a data center can be built on land zoned for agriculture or residential use, the developer needs approval from your local planning commission or zoning board. You have the right to:

• Attend the public hearing and speak during the comment period
• Submit written objections that become part of the official record
• Organize neighbors to demonstrate community opposition
• Present evidence that the project doesn't meet variance requirements

Transmission Lines and Local Authority

Transmission line projects are often regulated at the state level rather than locally, but there are still intervention points:

• State Public Utility Commission: Most transmission projects require PUC approval—file comments and attend hearings
• Certificate of Public Convenience and Necessity: Challenge whether the line is actually needed
• Route selection: Advocate for alternative routes that avoid sensitive areas
• Substation siting: Substations often require local zoning approval even when lines don't

Appealing an Approved Variance

If a variance or rezoning is approved despite community opposition, you're not done:

• Administrative appeal: Appeal to your city council or board of supervisors
• Court challenge: File a writ of mandate in county superior court
• Federal claims: If due process was violated, sue under 28 USC § 1983

What Worked: Peculiar, Missouri

When Diode Ventures proposed a $1.5 billion data center, local group "Don't Dump Data in Peculiar" organized against it. Residents voiced concerns about noise, sight pollution, and property values. By October 2024, the Planning Commission amended the zoning ordinance to exclude data centers entirely—blocking not just this project, but any future data center proposals.

Clean Water Act (Section 404)

If a project involves filling or dredging wetlands, streams, or other "waters of the United States," the developer needs a Section 404 permit from the Army Corps of Engineers. This is especially relevant for transmission lines, which often cross multiple waterways. This triggers:

• Environmental review of impacts to aquatic ecosystems
• Public comment period where you can submit objections
• EPA veto authority if impacts are "unacceptable"
• Mitigation requirement to avoid, minimize, and compensate for wetland loss

National Environmental Policy Act (NEPA)

NEPA requires environmental review for "major federal actions significantly affecting the quality of the human environment." This applies when:

• Federal permit required (like Section 404)
• Federal funding involved
• Federal land affected
• FERC approval required (common for interstate transmission lines)

NEPA review can require an Environmental Assessment or full Environmental Impact Statement, which takes time and may reveal problems the developer would rather not publicize. Transmission line projects crossing federal lands or requiring FERC approval are particularly likely to trigger NEPA.

Endangered Species Act

If a project threatens habitat for endangered or threatened species, it may violate the ESA. Transmission line corridors often cross habitat for multiple species. Citizens can:

• File a petition to list a species present on the site or corridor
• Request critical habitat designation for the area
• Sue to enforce the Act's protections (after 60-day notice)
• Challenge biological opinions that underestimate impacts

Migratory Bird Treaty Act

The MBTA protects over 1,000 bird species. This is particularly relevant for transmission lines, which pose ongoing collision and electrocution risks to birds. Key points:

• Nesting season (March 15 - September 15) is highest risk for construction
• Vegetation removal can destroy active nests
• Transmission lines cause significant bird mortality from collisions
• Mitigation measures like bird flight diverters can be required

Document bird species on the site or along the corridor and report concerns to the U.S. Fish and Wildlife Service.

What Can a CBA Include?

Based on agreements negotiated in 2024-2025, CBAs for data centers have included:

• Water use caps limiting daily or annual consumption
• Noise limits stricter than local ordinances
• Air emissions controls for backup generators
• Local hiring requirements and apprenticeship programs
• Community fund contributions for economic and sustainable development
• Renewable energy procurement commitments
• Operational minimums (the facility must actually operate, not just sit vacant)

What Worked: Lancaster, Pennsylvania

Lancaster's CBA with data center developers included:

• Water-use cap limiting consumption
• Noise and air emissions controls
• $20 million in community contributions—half for economic development, half for sustainable development

In exchange, community groups agreed not to oppose the project.

Leverage Matters

Your negotiating power depends on what approvals the developer still needs:

• Before rezoning: Maximum leverage—developer needs your community's approval
• Before permits: Moderate leverage—you can still delay or complicate
• After approvals: Limited leverage—focus on enforcement of existing conditions

What to Demand

Based on recommendations from Public Citizen and other advocacy groups:

• Prohibit NDAs that prevent discussing the agreement
• Require local hiring with specific percentage targets
• Include enforcement mechanisms with financial penalties
• Set operational minimums so facilities can't sit idle
• Mandate water conservation with specific efficiency standards
• Require renewable energy not just offsets or credits

Document the Problem

Before filing complaints or lawsuits:

• Get a decibel meter (smartphone apps work for initial documentation)
• Record readings at your property line at different times of day
• Keep a log of dates, times, and decibel levels
• Note impacts on sleep, outdoor activities, and quality of life

The Low-Frequency Problem

Standard decibel measurements (dBA) don't capture low-frequency noise, which is particularly disruptive and hard to block. Push for:

• C-weighted measurements (dBC) that capture low frequencies
• Ordinance amendments that address data center-specific noise
• Removal of HVAC exemptions that may shield data center cooling

What Worked: Great Oak, Virginia

Residents near Amazon data centers documented noise levels up to 65 dB at night—10 dB over the county limit. After 18 months of complaints and meetings:

• Amazon replaced all 424 rooftop exhaust tubes and fans
• Sound levels dropped to around 50 dB
• Cost to Amazon: reportedly up to $30 million

This demonstrates that persistent, documented complaints can force expensive remediation.

Legal Options

• File complaints with local code enforcement
• Sue for private nuisance if noise interferes with use of your property
• Push for ordinance amendments through your local council

Private Nuisance Lawsuits

A private nuisance is an unreasonable interference with your use and enjoyment of your property. Impacts that may qualify include:

• Constant noise from data center cooling systems
• Light pollution from 24/7 security lighting
• Vibration from cooling equipment or substations
• Increased traffic on residential roads
• Electromagnetic fields from high-voltage transmission lines
• Visual blight from transmission towers on your property or in your view

Property Value Diminution

Both data centers and transmission lines can reduce nearby property values. Studies have shown that high-voltage transmission lines can reduce property values by 10-30% for adjacent parcels. Document:

• Appraisals before and after the project announcement/construction
• Comparable sales data showing price impacts
• Expert testimony from real estate appraisers
• Impact studies from similar projects

Property value claims are often paired with nuisance claims in the same lawsuit.

Class Actions

If multiple neighbors are affected, a class action lawsuit may be more effective and cost-efficient than individual claims. Benefits:

• Shared legal costs among affected property owners
• Greater pressure on the defendant
• Comprehensive remedy for the entire neighborhood

Your Constitutional Rights

The Fifth Amendment requires "just compensation" when the government takes private property for public use. You are entitled to:

• Fair market value for the land or easement taken
• Severance damages for harm to remaining property
• Fee reimbursement for certain legal and appraisal costs

Grounds for Challenge

You can challenge an eminent domain taking on several grounds:

• Public use: Is this really for the public, or primarily for private corporate benefit?
• Necessity: Is taking your specific property actually necessary for the project?
• Compensation: Is the offered amount fair market value?
• Procedure: Did the condemning authority follow required procedures?

What Landowners Are Doing

In Maryland, where a 67-mile transmission line has been proposed to serve data centers:

• Public signage: Landowners have staked signs declaring "No eminent domain for corporate gain"
• Official opposition: Officials from three counties have opposed the project
• Legislative action: State legislators proposed the "Protect Maryland Farm Lands Act" requiring 350% of appraised value
• Joint representation: Landowners are pooling resources for shared legal counsel

In Oregon and Idaho, opponents of a 300-mile transmission line are challenging Idaho Power's eminent domain authority before the Oregon Public Utility Commission, arguing the line primarily serves a data center rather than traditional utility customers.

If You Receive an Eminent Domain Notice

• Don't delay—deadlines for response are often short
• Get legal representation experienced in eminent domain
• Get independent appraisals—don't accept the condemner's valuation
• Connect with other landowners on the proposed route
• Document everything about your property's value and use

Red Flags to Watch For

• Property ownership: Officials who own land near the proposed site (which may increase in value)
• Campaign contributions from developers, utilities, or related entities
• Business relationships between officials and the developer or utility
• Partial recusals: Officials who recuse from votes but still advocate for the project
• Rushed approvals that bypass normal review processes
• Closed-door meetings that should be public
• Financial ties: Utility commissioners connected to companies they regulate

Where to Report

If you find evidence of corruption or ethics violations:

• State Ethics Commission: Handles conflicts of interest, financial disclosure violations
• State Attorney General: Investigates public corruption, open meetings violations
• FBI Public Corruption Unit: Handles federal crimes including bribery, kickbacks
• Local District Attorney: Prosecutes state-level crimes
• Local media: Investigative journalists can expose wrongdoing

Private Inurement (for Nonprofits)

If a nonprofit organization (like an economic development corporation) is involved in promoting the project, watch for "private inurement"—when insiders benefit personally:

• Excessive salaries to executives or board members
• Insider contracts with businesses owned by board members
• Personal use of nonprofit assets

Report suspected violations to the IRS using Form 13909 (Tax-Exempt Organization Complaint). Your report can be anonymous.

What Worked: Warrenton, Virginia

When Amazon proposed a data center, over 500 residents attended a Town Council meeting. Nearly 130 speakers—including actor Robert Duvall—voiced opposition. Citizens filed lawsuits over withheld emails and appeals processes.

The result: Every town council member who supported the project lost re-election. Starting in 2023 and continuing through November 2024, voters removed the entire pro-data-center council. The newly elected council now has the mandate to block the project.

What You Can Request

• Development applications and supporting materials
• Correspondence between officials and developers or utilities (emails, letters, texts)
• Draft agreements including PILOT, tax abatement, and development agreements
• Meeting minutes and recordings of planning commission, council, and PUC meetings
• Environmental studies submitted by the developer or utility
• Route studies for transmission lines showing alternatives considered
• Load forecasts showing projected demand that justifies new infrastructure
• Financial disclosures of officials and utility commissioners

How to File

The federal Freedom of Information Act (FOIA) only applies to federal agencies. For local governments, use your state's public records law:

• Find your state's law: Search for "[Your State] public records request" or "[Your State] open records act"
• Use proper format: Most states have specific forms or require written requests
• Be specific about what documents you want
• Know the deadlines: Agencies must respond within a set timeframe (often 5-10 business days)

If Your Request Is Denied

Agencies sometimes claim exemptions (attorney-client privilege, trade secrets, etc.) to withhold documents. You can:

• Administrative appeal: Challenge the denial through the agency's process
• File a lawsuit to compel disclosure
• Contact journalists who may have resources to pursue the records

In Warrenton, Virginia, citizens filed lawsuits specifically over withheld emails related to the Amazon data center project.