Companies currently operating or constructing data centers near residential communities should treat this as a material and growing legal risk. Three cases filed to date offer a glimpse into how plaintiffs are conducting this campaign at the outset of this litigation. Plaintiffs, however, contend that the operator continued to operate the data center in the face of these rule changes, breaching its duty of care, and failing to install the proper infrastructure to mitigate noise pollution from the data center. Residents’ noise measurements captured decibel levels as high as 70 dBA, in violation of the local noise ordinance. Key Takeaways for Data Center Operators and DevelopersCrowell & Moring has defended companies against these claim types in prior tort litigation, including against some of the same plaintiffs’ firms driving this campaign.