Joel B. Eisen (U Richmond Law) and Heather Payne (Ohio State U (OSU) Michael E. Moritz College Law) have posted “Data Centers’ Data Problem” (72 Vill. L. Rev. (forthcoming 2027)) on SSRN. Here is the abstract:
The rapid expansion of data centers to support artificial intelligence and cloud computing is reshaping the electric grid while exposing a fundamental weakness in the legal and regulatory framework that governs it. This Article identifies a previously overlooked problem at the heart of data center development: the absence of a comprehensive public information framework capable of generating and disseminating reliable data at the critical decision points that determine how data centers are planned, built, and powered. Information is fragmented across utilities, developers, regional transmission organizations, regulators, and local governments, while key project assumptions frequently remain confidential. These informational failures impede effective planning, prevent regulators and the public from determining whether data centers bear the costs they impose on the electric grid, and undermine meaningful public participation in decisions with profound consequences for the grid’s future.
The Article argues that existing voluntary disclosures and other proposed means of addressing data gaps cannot remedy these deficiencies. It therefore proposes the creation of a national public registry for data center development administered by the U.S. Energy Information Administration. The registry would provide a continuously updated, centralized repository of standardized project information, furnishing the public with the information necessary to evaluate proposed projects before critical decisions become effectively irreversible. The Article concludes that this form of information governance is an indispensable prerequisite to ensuring that the rapid growth of data centers advances reliability, affordability, and sound energy policy.