- videocam Live Webinar with Live Q&A
- calendar_month July 28, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Real Estate - Transactions
- schedule 90 minutes
Permitting Challenges in Data Center Construction: Federal and State Regulatory Update, Permitting Strategies
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About the Course
Introduction
This CLE webinar will discuss permitting strategies for data center construction projects. The authoritative panel will provide an update on the status of federal and state regulations impacting project permitting, discuss compliance challenges for project participants, and offer best practices for developing permitting strategies.
Description
The permitting requirements for hyperscale data center construction projects are extraordinary. Project participants must comply with multiple layers of federal, state, and local permitting requirements including zoning and land use laws, environmental standards, and utility capacity.
To streamline the permitting process for data centers, the Trump administration issued an executive order (EO), "Accelerating Federal Permitting of Data Center Infrastructure," with the aim of pushing data center development in the U.S. by reforming and expediting relevant environmental and permitting reviews. For example, in line with the EO's directive, the EPA recently proposed a rule to loosen air permitting standards and remove certain restrictions to allow for the construction of project components that do not emit air pollutants before a New Source Review air permit is issued.
However, even if the federal government loosens permitting requirements for data center projects, parties must still navigate a regulatory landscape where state and local governments are increasingly scrutinizing new data center projects, with several states considering legislation that could significantly limit data center development.
Counsel and their clients involved in data center construction projects should understand the permitting requirements for these large-scale projects and the potential challenges they may face.
Listen as our authoritative panel discusses permitting requirements for data center construction projects. The panel will examine the status of federal and state regulations impacting these projects and offer best practices for developing compliant permitting strategies.
Presented By
Mr. Rieser has more than three decades of experience advising clients in all areas of environmental law, including legislative, regulatory, compliance, and law enforcement matters, corporate, commercial, and real estate transactions, governmental and private cost-recovery actions, environmental insurance coverage, and remediation of contaminated sites. He serves Fortune 100 and mid-sized companies operating in a broad range of industries, including power generation, chemicals, petroleum, steel, food and consumer products, financial services, and waste management. In the legislative and regulatory arena, Mr. Rieser has represented trade associations, industry groups, and individual companies in numerous matters involving the U.S. EPA and the Illinois Environmental Protection Agency. He also represented power generating companies in permitting and administrative proceedings, and prepared responses to agency requests for information regarding CAA issues. An experienced litigator, Mr. Rieser has argued cases in federal and state courts, including a recent victory in the U.S. Circuit Court of Appeals for the Seventh Circuit, in which he represented a coalition seeking to preserve commercial navigation in the Chicago waterways. Other matters have included cost recovery and enforcement actions.
Mr. Smith’s practice focuses on land use, governmental and regulatory permitting, real estate and shoreline development, renewable energy, aquaculture and fisheries law, and tribal law. His experience includes counseling clients through all required local, state, and federal regulatory proceedings, including environmental and regulatory due diligence, representation of clients at administrative and regulatory hearings, negotiation of permit terms and conditions, state and federal environmental review, processing subdivision maps, negotiation of public-private partnerships and development agreements, development of specific plans, coordination of public relations and outreach efforts, negotiation of purchase and sale agreements and lease agreements, and litigation arising from regulatory approvals or denials. Mr. Smith assists clients with complex regulatory, permitting, and enforcement matters under a range of environmental statutes. This experience includes working on a variety of projects, including mixed use commercial and residential projects, wind and solar energy facilities, sports and entertainment facilities, marinas, and water-based and land-based aquaculture and fisheries facilities.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, July 28, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction
A. Multi-layered permitting requirements for data center projects
II. Evolving legislative and regulatory landscape
A. Federal
B. State and local
C. Project impact and compliance challenges
III. Best practices for developing permitting strategies
IV. Key takeaways
The panel will review these and other key considerations:
- What multiple layers of permitting requirements do data center project participants need to navigate? Why?
- What is the status of federal permitting regulations impacting data center construction? State and local permitting?
- What are best practices for developing compliant permitting strategies for data center projects?
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