About the Course
Introduction
This CLE webinar will offer a comprehensive overview of class actions being filed against operators of data centers. The program will compare and contrast these class actions with analogous class litigation arising from things such as ethylene oxide (EtO), cryptocurrency mining, and opioids. Our speakers will review the causes of action being asserted, the remedies sought and available, the forums in which the suits are being filed, substantive strengths and weaknesses, and where Rule 23 hurdles are most likely to arise.
Description
Putative class action lawsuits against data center operators, and in some cases developers, are an emerging risk. The suits follow patterns seen in other class lawsuits alleging environmental and toxic harm and provide lessons for all sides in avoiding unnecessary conflict. They typically allege public or private nuisance, negligence, air and/or water pollution, and land-use/zoning violations. Plaintiffs seek compensatory and punitive damages and injunctive relief. Experts on the effects of prolonged exposure to noise or light can expect scrutiny.
When proceeding under Rule 23, plaintiffs may face additional hurdles beyond establishing the substantive claims they allege. Standing and predominance issues typically present challenges, specifically with establishing a classwide way to demonstrate damage and measure damages. Defendants can be expected to argue that injuries are too individualized to be established with common evidence. Many problems may in fact be temporary and remediable in certain ways.
Listen as our highly qualified panel of class action counsel offers guidance on both bringing and defending class claims being asserted against data centers, practical remedies that may avoid unnecessary delays, substantive strengths and weaknesses, and the Rule 23 challenges and which are more or less likely to prevail.
Presented By
Mr. Cooper is a partner in Crowell & Moring’s Washington, D.C. office and a member of the firm’s Litigation and Trial and Environment and Natural Resources groups. A counselor and trial lawyer, he concentrates his practice on product liability, environmental, and complex civil litigation. Mr. Cooper has litigated a wide range of tort and commercial cases across numerous high-exposure venues. His combination of trial experience, regulatory insight, and industry knowledge makes him a trusted advisor to clients navigating complex and evolving legal challenges. Mr. Cooper has defended major oil companies in product liability litigation and property-damage claims arising from gasoline spills—including litigation over the gasoline additive MTBE—and brings extensive experience in federal multidistrict litigation. Beyond the courtroom, he advises clients on a range of non-litigation matters, including regulatory and legislative issues affecting product manufacturers, negotiations with state environmental agencies on environmental compliance and property-transfer laws, and regulatory guidance on chemicals such as per- and polyfluoroalkyl substances (PFAS).
Mr. Kelln is an environmental attorney and co-leader of Faegre Drinker’s environment and energy group, which advises clients nationwide on regulatory compliance, litigation and environmental policy. He represents municipalities, utility companies, manufacturers and developers across the country as they navigate complex environmental requirements and resolve high-stakes disputes related to infrastructure, emerging contaminants and legacy contamination. Mr. Kelln is recognized in Chambers USA for environmental law in Indiana and has been central to the growth of the firm’s nationally ranked environment and energy practice.
Mr. Stark is a trial and appellate lawyer who focuses primarily on environmental mass tort and class action litigation. He previously served as the deputy general counsel for litigation for a leading global food company. In that role Mr. Stark managed a wide array of high-stakes litigation. His broad experience reflects a deep understanding of the legal challenges faced by the food and agribusiness sector, from regulatory compliance to complex litigation and policy-driven disputes, and his in-house litigation and trial experience enable Mr. Stark to effectively counsel clients facing challenging situations.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, September 17, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Causes of action: strengths, weaknesses, defenses
II. Impact of state or federal venue; CAFA; removal
III. Remedies: damages and injunctive relief
IV. Rule 23 hurdles
A. Defining the class
B. Predominance vs. individualized harm
C. Typicality
D. FRE 702 and role of experts
V. Lessons and practical tips from similar types of class actions
The panel will discuss these and other key issues:
- How can operators avoid some of the issues upon which class claims are based with proactive planning?
- What lessons can be applied from other environmental class litigation?
- Are nuisance claims more efficiently defended by opposing certification or on the merits?
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