Developers, operators, and investors could consider state and federal law theories that may provide a basis to challenge these measures or that may allow for compensation.
By Matthew A. Brill, Nikki Buffa, Melissa Arbus Sherry, and Hasala Ariyaratne
Data centers have become a focal point of public debate and, increasingly, state and local regulation. On Election Day 2026, voters considered 41 ballot initiatives1 on data centers across 10 states, nearly all of which resulted in new