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ARTICLE · 27 OCTOBER 2026

Power, Permitting, And Progress: Takeaways From Arnold & Porter’s NYC Climate Week Data Center Panel

Arnold & Porter
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Arnold & Porter

Arnold & Porter

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As data center development accelerates to meet surging AI and cloud computing demand, developers face mounting opposition from communities and regulators through moratoria, litigation, and stricter local oversight. Legal and industry experts examine how power constraints, environmental concerns, and community acceptance are converging into interconnected challenges that will determine which projects succeed.

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The data center boom shows no sign of slowing, and neither do the challenges. As developers race to meet unprecedented demand for artificial intelligence (AI) and cloud computing infrastructure, communities, local policymakers, and advocacy groups are pushing back through moratoria, litigation, and tightened local review — raising the stakes for anyone building, financing, or operating a data center today.

On September 24, 2026, Arnold & Porter and the Business Council for Sustainable Energy (BCSE) convened legal, policy, sustainability, energy, and industry leaders for a panel discussion during NYC Climate Week: “Power, Permitting, and Progress: Navigating Today’s Data Center Challenges.” The conversation examined the environmental, permitting, and community engagement issues shaping data center development, along with the emerging wave of litigation and regulatory disputes in the sector. Panelists included:

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