For data center developers, litigation may be the only recourse. Subjective opinions are not actionable (i.e., “I don’t want that data center near my property,” or “data centers destroy the environment,” or “data centers are a scourge on society”). Only misstatements of objectively verifiable facts are actionable (i.e., “data centers do not pay property taxes,” or “data centers emit dangerous radiation”). Preparing for the Legal Challenges AheadNo one starts developing a data center expecting litigation to result. But as pushback against data centers becomes more organized and widespread, parties should begin to anticipate the likelihood of litigation.