Data Centers and Brownfields: Acquiring Contaminated Sites Without Inheriting the Liability

This session examines the environmental due diligence framework and CERCLA liability defenses available to attorneys representing data center developers acquiring contaminated brownfield sites. Attendees will learn how to structure a Phase I ESA that satisfies All Appropriate Inquiries under ASTM E1527-21 or ASTM E2247 to satisfy one the CERCLA liability protections, how ASTM E2247 differs when the target site is rural or a large tract, and how to maintain post-closing appropriate care obligations and potential advantages of siting data centers on brownfield sites as opposed to greenfields. The session will also address how the PFOA and PFOS CERCLA hazardous substance designations affect diligence scope and acquisition risk. Attorneys will leave with a practical framework for evaluating environmental conditions and protecting a client’s position before and after closing.

This session examines how state brownfield and voluntary cleanup programs structure liability protection, financial incentives, and regulatory closure for contaminated site redevelopment, with a focus on sites being developed as data centers. Attorneys will learn about program enrollment, site cleanup agreements, institutional controls, and no-further-action letters or the equivalent across multiple jurisdictions, with an emphasis on New York. Attendees leave with a practical framework for sequencing state program participation relative to deal milestones, identifying compatibility issues between site controls and data center operations, and working with state agencies.