Data Centers

Environmental Counseling for Data Center Development and Operations
As demand for AI, cloud computing and digital infrastructure continues to surge, data centers are facing heightened scrutiny over environmental and energy impacts and compliance obligations. Manko, Gold, Katcher & Fox (MGKF) provides strategic, integrated legal and technical solutions to help landowners, developers, operators and utilities navigate the unique challenges of siting, permitting, and operating data centers.

From air, water, and waste compliance to land-use strategy and litigation defense, our attorneys work side-by-side with in-house technical consultants to develop defensible, forward-looking approaches. With deep experience across environmental media and a pulse on fast-evolving policies, MGKF helps clients anticipate risk, manage challenges, and advance projects efficiently in a rapidly evolving regulatory landscape.

What Sets Us Apart:
We bring together the right mix of legal and technical expertise to meet the unique demands of each project. What distinguishes us:

Deep Environmental Focus
Data center projects must navigate a wide range of regulatory touchpoints—from early-stage environmental due diligence, site selection, and permitting, to ongoing operational requirements such as air emissions compliance, cooling water use, stormwater management, and waste handling and disposal. As a dedicated environmental and energy law firm, we bring more than three decades of experience managing complex transactional, permitting, regulatory compliance and enforcement, and litigation matters to support data center development and operations at every stage.

Integrated Legal & Technical Teams
Our firm is one of the few in the country that employs experienced in-house technical consultants to support our legal teams.  Our multi-disciplinary team is equipped to anticipate challenges, manage risk, and support complex development projects and facility operations.

Proactive Policy Insight and Strong Agency Relationships
Because our primary focus is environmental and energy law, we make it our mission to stay ahead of evolving regulatory and policy trends so we can provide proactive, timely guidance to our clients.

We also take pride in the strong working relationships we have built over decades with federal and state regulators, including the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and state environmental agencies. Maintaining a reputation for depth of knowledge and practical problem-solving is essential to our practice, particularly in complex, multi-faceted development projects where credibility and trust are critical.

How We Can Help:
Environmental Due Diligence & Land Use Counseling — We assist our clients in performing environmental and land-use due diligence to identify potential challenges and constraints early, engage proactively with governmental authorities, and help streamline approvals while minimizing community friction.  And we have extensive experience with governmental programs that promote redevelopment of contaminated or other “brownfield” properties.

Permitting & Regulatory Strategy — We provide legal and technical guidance and support on federal, state, and local environmental approvals across air, water, waste, and natural resources.  Our experience includes permitting air emitting sources, water sourcing and allocation requirements, wastewater and stormwater management and permitting, wetlands and floodplain permitting, endangered species and NEPA compliance, and solid and hazardous waste management.

Energy Counseling — We advise on on-site generation, energy storage, backup power systems, and renewable energy credit transactions, as well as engagement with utilities and state energy regulators.

Ongoing Compliance & Reporting — We assist with the development of site-specific compliance and emergency response programs, including permit-based compliance demonstration strategies, Spill Prevention, Control, and Countermeasure (SPCC) and stormwater plans, EPCRA and multi-jurisdictional reporting, and ongoing training needs.  We also regularly conduct privileged compliance audits to help clients proactively manage risk and maintain compliance.

Defense of Agency Enforcement Action & Third-Party Litigation — We represent clients in responding to agency inspections and administrative enforcement actions and proceedings, as well as in defending clients in third-party permit appeals, citizen suits, and other litigation, including opposition to complex or controversial development projects.  Our deep bench of environmental litigators has successfully defended some of the most challenging and high-profile infrastructure projects in the region.


^{© Image by Pete Linforth from Pixabay}

• Assisted a prominent data center owner with locations across the United States with site acquisition, air and other environmental permitting, and responding to federal, state, and local agency enforcement activity. 
• Advised one of the largest power generation companies in North America on air permitting and contract issues relating to proposed coordination with large-scale data center. 
• Counseled a major industrial facility on proposed use of site by third-party data center owner and potential implications for environmental permitting and compliance. 
• Successfully defended the developer of a large-scale international logistics facility in federal, state and administrative challenges to environmental permitting for the project. 
• Successfully defended an energy company in a series of emergency injunction hearings and trials brought to block the construction and operation of a major petroleum products pipeline. 
• Coordinated environmental and cultural resource reviews under the Endangered Species Act and the National Historic Preservation Act for project developers to ensure alignment with project timelines.
• Designed environmental compliance (air, water, waste) and emergency response programs for industrial facility owners across multiple states. 
• Counseled global communications company on permitting pathways and mitigation measures for large chilled-water plants and hybrid cooling systems for data centers. 
• Represented industrial and commercial clients in air, water and waste permit appeals and in defense of agency enforcement actions. 
• Managed federal, state, local water-related permitting and approval processes for energy, industrial and developer clients, including NPDES discharge permits, industrial pre-treatment, construction stormwater, wetland and waterways, waterfront development and soil erosion and sediment control.
• Supported clients in securing Delaware River Basin Commission and Susquehanna River Basin Commission approvals for water withdrawals, consumptive use, and discharges to surface water and groundwater.
• Supported NEPA compliance for projects requiring federal approval and assisted other clients in identifying applicable NEPA categorical exclusions.