Meagan Niebler
Governor Shapiro’s Data Center Executive Order ...

On August 18, Pennsylvania Governor Shapiro signed an Executive Order (EO) that the Governor’s office says “lays out strict requirements that data center developers must meet regarding energy affordability, community engagement, workforce and economic development, transparency, and environmental protection – and gives local municipalities a greater say over development in their communities.”

Folks in communities across Pennsylvania are concerned about the local, regional, and broader impacts of data center projects proposed in their areas.  Let’s take a look at this Executive Order (EO) and explore what it does and doesn’t actually do, and what it means for communities who are thinking about what they should do in the face of the Pennsylvania data center rush.

Governor Shapiro’s Data Center Executive Order - What It Does, What It Doesn't Do, and How Communities Can Use It
Meagan Niebler
I live in Ohio…There's a Stream On My ...

Landowners may be curious as to who has the right to make a decision about a creek on their private property, and the answer is not necessarily a straightforward one. Unfortunately, the “right” to make decisions about waterways on a private property is multifaceted and not always just up to the landowner.

I live in Ohio…There's a Stream On My Property... What Can I Do?
Meagan Niebler
Baseline Monitoring: creating a "before" and ...

Baseline monitoring can help community members address concerns about environmental and personal health risks associated with data centers and other industrial development. 

Baseline monitoring helps to: 

  • Create a record that shows a variety of impacts to the environment before, during, and after development to record any potential changes 

  • Collect data for community organizing efforts by showcasing the impacts of industrial development on the area  

  • Potentially help meet a legal burden of proof that an industrial project negatively impacted a community 

Baseline Monitoring helps establish written and visual records of environmental conditions over time. It can take years before a facility is permitted, built, and ready for operations. The time lag makes it difficult to recall pre-construction conditions accurately enough to establish a “before and after” comparison. 

Baseline Monitoring: creating a "before" and "after" for legal and organizing advocacy
Legal Lowdown
Guest User
Challenging Data Centers 101

Despite the  perceptions  that data centers  operate  in somewhat of a regulatory “gray area,” they are subject to regulation. Unfortunately, the legal frameworks surrounding this industry remain fragmented, site-specific, and quickly evolving as our various bodies of government attempt to respond to the industry’s rapid growth.  

Challenging Data Centers 101
Meagan Niebler
Rezoning - What Is It and How You Can Have a ...

Residents throughout Pennsylvania, Ohio, and West Virginia, are raising the alarm as new data centers, warehouses, and industrial facilities move in rapidly leading to public concerns surrounding noise, water, and power-usage. How is this happening so fast? Too often, municipalities approve these developments through quiet but completely legal rezoning processes. Many communities are left wondering: Can zoning rules really be changed that easily? Why don't we know about it? How can we get involved before final decisions are made? How does this work, and is there anything I can do about it? 


Here's how the zoning process works, how municipalities change their zoning maps and codes, what the legal requirements are, and how you can better advocate to protect your community from these unwanted changes. 

Rezoning - What Is It and How You Can Have a Voice in the Process

Governor Shapiro’s Data Center Executive Order - What It Does, What It Doesn't Do, and How Communities Can Use It

Governor Shapiro’s Data Center Executive Order - What It Does, What It Doesn't Do, and How Communities Can Use It

On August 18, Pennsylvania Governor Shapiro signed an Executive Order (EO) that the Governor’s office says “lays out strict requirements that data center developers must meet regarding energy affordability, community engagement, workforce and economic development, transparency, and environmental protection – and gives local municipalities a greater say over development in their communities.”

Folks in communities across Pennsylvania are concerned about the local, regional, and broader impacts of data center projects proposed in their areas.  Let’s take a look at this Executive Order (EO) and explore what it does and doesn’t actually do, and what it means for communities who are thinking about what they should do in the face of the Pennsylvania data center rush.

Generating Accountability: Using Ohio’s Good Governance Laws to Promote Transparency in Community Data Center Decision-Making

Generating Accountability: Using Ohio’s Good Governance Laws to Promote Transparency in Community Data Center Decision-Making

Ohio has laws in place aimed at promoting good governance and transparency to ensure citizens are informed about what is happening in their communities and can participate in the process, rather than be at the mercy of public officials. These laws cover general ethics, public records, and open meetings. However, they are only enforceable by individual citizen action. If violations are suspected that would result in problems like data center construction against local sentiment, citizens should be aware of their options for enforcement to fight back and ensure government transparency in their communities.

Baseline Monitoring: creating a "before" and "after" for legal and organizing advocacy

Baseline Monitoring: creating a "before" and "after" for legal and organizing advocacy

Baseline monitoring can help community members address concerns about environmental and personal health risks associated with data centers and other industrial development. 

Baseline monitoring helps to: 

  • Create a record that shows a variety of impacts to the environment before, during, and after development to record any potential changes 

  • Collect data for community organizing efforts by showcasing the impacts of industrial development on the area  

  • Potentially help meet a legal burden of proof that an industrial project negatively impacted a community 

Baseline Monitoring helps establish written and visual records of environmental conditions over time. It can take years before a facility is permitted, built, and ready for operations. The time lag makes it difficult to recall pre-construction conditions accurately enough to establish a “before and after” comparison. 

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Press Release: Court Allows Urban Farmer’s Lawsuit Against Pittsburgh Land Bank to Move Forward

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Press Release: Court Allows Urban Farmer’s Lawsuit Against Pittsburgh Land Bank to Move Forward

Fair Shake is pleased to announce that the Allegheny County Court of Common Pleas has denied the Pittsburgh Land Bank's Preliminary Objections in a lawsuit brought by our client, Out of the End, a nonprofit led by local urban farmer Ebony Lunsford-Evans. The ruling allows the case to move forward into the next phase of litigation. 

The lawsuit asks the Court to clarify what rights Adopt-A-Lot leaseholders have when they seek to purchase the land they have spent years caring for and improving. It also challenges what Plaintiff alleges was a lack of transparency and fairness in the Pittsburgh Land Bank's decision-making process. 

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Is your non-profit lobbying?

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Is your non-profit lobbying?

For nonprofits, it is vital to ensure compliance with federal, state, and local lobbying restrictions. Failure to ensure compliance creates risk of various legal, financial, and administrative penalties. To assist nonprofit leaders in gaining a basic understanding of lobbying regulations, we have created this blog. We hope the blog can be a useful general education tool for guiding conversations in your organization. However, this blog is not an exhaustive list of all lobbying regulations and does not constitute legal advice. If you have concerns that your organization may be in violation of lobbying regulations, you should seek the advice of legal counsel to discuss your specific situation.  

The Ins and Outs of Emergency or Disaster Declarations in Ohio, Pennsylvania, and West Virginia

The Ins and Outs of Emergency or Disaster Declarations in Ohio, Pennsylvania, and West Virginia

Local, state and federal governments all have the ability to declare a disaster declaration. Declarations can:

  • Allow funds and aid money to enter the community;

  • Mobilize people to come and help, such as the National Guard or medical workers;

  • Increase distribution of supplies;

  • Start anti-price gouging laws so that prices don’t rise due to supply needs; and

  • Gives officials the power to start protective orders (ex: mandatory evacuations, curfews, travel restrictions).

In Pennsylvania, Ohio, and West Virginia, the governor has the main authority to issue disaster declarations (except for West Virginia because the authority is also given to the legislature). Each state has their own definition of “disaster” and similar requirements once a state of emergency is declared. The state can get federal funding once they can demonstrate that they have exhausted all their resources.

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