WEBVTT

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It’s easy to think
of data centers

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as just buildings

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filled with computers -
and not consider

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what goes into
developing them.

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But data center projects
are incredibly complex

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and require a variety
of approvals and permits

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at every level
of government.

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Developers and investors

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face permit requirements
at three levels.

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At the local level,
there are zoning,

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site plan approvals,
and building permits,

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and sometimes local ordinances
and moratoriums to consider.

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At the state level,

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there are environmental reviews,

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water and
air quality permits,

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and sometimes state energy
commission approvals.

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And at the federal level,
you may need to navigate

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NEPA reviews, Clean Water
Act and Clean Air Act permits,

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and even Endangered Species
Act consultations,

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especially if your project
touches federal land,

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receives federal funding, or
impacts protected resources.

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The data center itself is not

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the only part of the project
likely to require permits.

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If your data center
needs new

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energy infrastructure,
road improvements,

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transmission lines,
or fiber routing,

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each of these components
may require its own

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set of permits
and environmental reviews.

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In some cases,
these ancillary permits

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become the critical path,
or roadblock,

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for your entire project,
so it’s important

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to identify them early
and plan accordingly.

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Every data center project is
unique, and timelines can vary

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dramatically based on size,
location, and complexity.

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It is critically important
to work with counsel

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to map out a path
for your permitting.

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At Latham, we can help data
center developers identify

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key dependencies early,

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create an actionable
timeline for permitting,

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and stay ahead of regulatory

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changes throughout
the process.

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Having a detailed, vigilant,
and flexible plan

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for obtaining permits
can be the key differentiator

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for a successful
data center project.

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I am Nikki Buffa, a
partner in Latham’s

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Environment, Land & Resources
Practice,

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Co-Chair of the firm’s Digital
Infrastructure Working Group,

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and former

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Deputy Chief of Staff at the
US Department of the Interior.

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I've been advising on

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environmental law
matters for nearly 20 years.