Not only did we find four main types of lawsuits against data centers, we also find that different types of opposition groups tend to file different types of lawsuits. Let's dig into why — starting with the legal strategy of local, grassroots opposition groups that form in response to data center projects.
Zoning and land-use lawsuits.
This is by far the most common lawsuit category filed against data centers. Zoning and land-use lawsuits tend to challenge rezoning decisions, violations of county comprehensive plans (see our piece on county-level planning authority), deed restrictions, and annexation procedures — such as when a municipality wants to incorporate previously unincorporated land.
63% of zoning lawsuits are filed by grassroots organizations or resident groups formed specifically in response to data center plans — in contrast to environmental permitting and utility rate lawsuits, which are almost exclusively filed by national NGOs. These local groups focus on procedural failures: inadequate public notice, failure to hold required public hearings, spot zoning inconsistencies.
When national NGOs enter the zoning arena.
A notable exception: some regional and national NGOs do enter the zoning lawsuit mix, despite it being a primarily locally-driven phenomenon. Southern Environmental Law Center (SELC) is building a multi-state strategy around zoning lawsuits that they first applied in the Carolinas, supplying legal capacity to local co-plaintiffs — individual residents and partnering local nonprofits — who bring community legitimacy.
Where grassroots organizations focus on procedure, SELC builds multiple claims on top of zoning suits: cultural heritage claims, county comprehensive plan violations, zoning code violations, and conservation arguments that frame sites like the ACE Basin as having national significance.
Why this matters: If SELC wins their zoning lawsuits filed in early 2026, they have a replicable model they can apply to other states where rezoning agricultural land is an issue — Alabama and Tennessee in particular.
Open records and transparency lawsuits.
Open record lawsuits go after data center non-disclosure agreements (NDAs), FOIA denials, and meeting law violations — targeting closed-door agreements between governments and data center projects.
There are fewer open record cases than other lawsuit types, but this is an emerging category where local grassroots groups, individual residents, and state-level transparency organizations have found real success in Wisconsin, Virginia, and South Carolina. Compared to environmental and utility lawsuits, the technical complexity — and therefore the barrier to entry — is low. Individual residents without institutional legal support have found success.
What does this mean for you? Tracking which organizations are active in your region may allow you to predict the types of lawsuits your project may face. Zoning and transparency lawsuits are the most accessible legal tools available to local opposition, and their success depends heavily on the regulatory environment. We will continue to update you on new opposition strategies and changing win rates as lawsuits progress.