Global climate litigation is increasingly targeting data centers
A new analysis from the London School of Economics highlights a global increase in climate litigation targeting data centers, driven by concerns over their substantial energy and water consumption, intensified by the rise of AI. These lawsuits are emerging worldwide, including in US locations like Nashville, TN, where a planning commission is considering an ordinance to regulate data centers. Litigators are pressing courts to mandate consideration of environmental and climate impacts during data center development.
New analysis from the London School of Economics reveals a significant global increase in climate litigation targeting data centers, a trend amplified by the rapid expansion of AI and its demand for massive computing infrastructure. Eoin Jackson, an attorney and researcher with the school, notes that these lawsuits have surged since approximately 2020, with a key point of contention being data centers' reliance on fossil fuels for power, which raises substantial environmental, health, and climate concerns both in the United States and internationally.
Early litigation, such as a 2020 case against Google in Chile, focused on water consumption. More recently, lawsuits in locations like Ireland, the United Kingdom, California, and Virginia have cited impacts on water resources and the broader climate effects of fossil fuel use. In the US, the Nashville Planning Commission is reportedly considering an ordinance to regulate data centers, reflecting growing local governmental engagement with these issues.
While the success rate of these legal challenges remains largely undetermined, with many cases still pending, developers might seek to move projects to regions with more lenient regulations. Jackson emphasizes that such litigation serves to raise awareness and pressure companies, developers, and planning commissioners to integrate mitigation and adaptation measures. He argues that solutions, such as approving data centers in appropriate locations, ensuring renewable energy sources, and recognizing environmental impacts, are available but are often overlooked due to convenience and regulatory failures.