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
Electric Utilities, Private Equity, and Your ...

Electricity bills around the United States are skyrocketing. (CNN). In Pennsylvania, household electricity prices have shot up nearly 50 percent over the past five years. (Inside Climate News). Ratepayers in Ohio and West Virginia have also experienced dramatic price increases. Low and middle-income households have had a hard time keeping up. (Pa. Capital-Star).  In 2025, nearly 290,000 Pennsylvania households had their electric service disconnected for falling behind on their payments — a 14 percent increase from 2024. (Pa. PUC). 

Losing electric service can harm physical and mental health. (ABC News).  In the most extreme cases, disconnection can result in homelessness or death. (Nature). To “keep the lights on,” families may forgo food, medicine, child care, and other basic needs. (Pa. Capital-Star).  

Given the stakes, it’s important to understand how electricity prices are set, why costs are going up, and, most importantly, what we can do about it. 

Electric Utilities, Private Equity, and Your Bills
Meagan Niebler
"Who would listen?"  A story about living ...

When I moved to Virginia after college in 2016, I wanted a quiet neighborhood to call home, close to work and family. After the data center arrived, everything changed. I can’t bring myself to leave, even though I no longer see myself starting a family here. Over the past decade, I’ve built a support network, advanced my career, and remained close to relatives who depend on me. Every weekend, I watch my nephews, who go to the local elementary school just down the road. They notice the changes too, though they cannot comprehend their implications. Now, I feel stuck and unsure what to do.

"Who would listen?"  A story about living near a data center.
Beyond the Courtroom
Meagan Niebler
Celebrating Black History Month

Environmental justice exists because Black communities have always organized for clean air, safe water, healthy homes, and dignity. From fighting toxic dumping to defending land, housing, and public health, Black environmentalists have shaped the movement—often without recognition. We must thank Black leaders for addressing the interconnection between civil rights, labor safety, housing, and environmental health—their advocacy continues to shape how environmental law understands equity, participation, and accountability today. 

Check out this blog for some fun resources, including a zine to print and share with your community!

Celebrating Black History Month
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

Sackett versus the Environmental Protection Agency (EPA)

Sackett versus the Environmental Protection Agency (EPA)

On May 25th, 2023, the U.S. Supreme Court issued a 5-4 decision on Sackett v. EPA, No. 21-454. This case follows the recent Supreme Court’s trend loosening environmental protection laws and weakening agency power. Here, the Court’s ruling will shrink the U.S. Environmental Protection Agency (EPA)’s jurisdiction to enforce the Clean Water Act (CWA), by limiting regulatory authority to wetlands only if they have a continuous surface water connection to navigable waters such that they are indistinguishable from these bodies of water.

Battle RGGI: How the carbon emissions program has highlighted Pennsylvania’s political strife over environmental issues.

Battle RGGI: How the carbon emissions program has highlighted Pennsylvania’s political strife over environmental issues.

The question at issue is whether Gov. Wolf can enter RGGI through executive order - something that RGGI opponents staunchly deny. They argue that Gov. Wolf’s order undermines the legislature’s exclusive authority to impose taxes and enter interstate agreements. As an energy powerhouse, Pennsylvania’s entrance would significantly strengthen RGGI and become a  “political litmus test” for carbon pricing programs. RGGI would arguably be the most significant step Pennsylvania has ever taken to address climate change, and the battle over it has brought political tensions around environmental issues to the forefront.  

Benefits of the Water Works Dam Removal Project in Warren, Ohio

Benefits of the Water Works Dam Removal Project in Warren, Ohio

The Water Works dam is scheduled to be removed by December 2023 with the total cost of the removal expected to be $3,225,500. As the Limited Environmental Review states, the project is to be funded by the Ohio EPA through its Water Resource Restoration Sponsor Program (WRRSP) and the Eastgate Regional Council of Governments. To learn more about the Warren Water Works Dam removal or the Mahoning River Corridor Revitalization Plan. . .

Why Civic Engagement is Essential to the Continued Evolution of the Environmental Movement

Why Civic Engagement is Essential to the Continued Evolution of the Environmental Movement

In April of 2020, due to COVID-19 lockdowns, many Sunshine Laws were indefinitely suspended throughout the country. Courtrooms began to hold virtual hearings and trials over telecommunication platforms like Zoom, Skype, and Teams. The Ohio Office of Attorney General announced, “… with the COVID-19 pandemic persisting, the General Assembly passed House Bill 197 and then H.B. 404, giving public bodies the ability to meet virtually instead of in person, as required by Ohio’s Open Meetings Act (R.C. 121.22).”  Public bodies were no longer required to hold in-person meetings, hearings, and trials; rather, many public meetings and hearings became virtual. While numerous states have reinstated their Open Meeting/Sunshine Laws, others have continued to utilize telecommunications and hold most of their meetings, trials, and hearings virtually.  

SCOTUS' Decision in West Virginia vs. EPA Weakens Federal Climate Efforts

SCOTUS' Decision in West Virginia vs. EPA Weakens Federal Climate Efforts

On June 30th, the Supreme Court weakened the Environmental Protection Agency’s (EPA) ability to protect the environment. In West Virginia v. EPA, a 6-3 decision authored by Chief Justice Roberts and joined by the other conservative justices, the Court ruled the EPA overreached in its efforts to curb air pollution. This decision forebodes more significant limitations on the EPA and other government agencies’ efforts to effectuate change. The ruling also makes clear what many environmental advocates already knew: the federal government, as currently designed, will not be the leader in the fight against climate change. Grassroots movements, community-oriented advocacy, and mass mobilization are essential in the effort to protect the planet, now more than ever. 

Ohio Dedicates Funding to Appalachia Revitalization

Ohio Dedicates Funding to Appalachia Revitalization

Last week Ohio Governor Mike DeWine signed House Bill 377 into law establishing the Appalachian Community Grant Program to the tune of $500 million. The program provides the historically economically disadvantaged region with much needed funding dedicated to sustainable, transformational projects. The program aims to rejuvenate the region and stimulate economic growth through improvements in infrastructure, workforce development, and healthcare across its 32 counties.

Fracking Wastewater Concerns Resurface on Pennsylvania Roads as the DEP Undergoes an Evaluation of Coproduct Determinations

Fracking Wastewater Concerns Resurface on Pennsylvania Roads as the DEP Undergoes an Evaluation of Coproduct Determinations

Fair Shake and Fractracker Alliance are asking you to take action and raise awareness of spreading brine wastewater on roads to protect our communities’ health and environment from chemical contamination. If you see this being performed in your community, notify Fair Shake here. It would be helpful to us to know which township or borough the spreading was observed in and if a specific company was performing the spreading. Your contributions will help us obtain further information on this practice to help stop it going forward.

Winning on Environmental Issues Starts with Participation in Your Community

Winning on Environmental Issues Starts with Participation in Your Community

A key part to effectively make your voice heard is early and vocal participation in municipality-level public meetings in which decisions are made.  In many cases, if a decision is made during a public meeting which you did not attend, you may be barred from later bringing an appeal of the decision in court, regardless of how erroneous the decision made is. 

Stay in touch!

 
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