Here's a quick summary: [1]. Or for a longer treatise [2]. Basically, property owners enjoyed certain rights prior to the new data center construction that the data center is infringing upon.
So I have a factory and want to emit a lot of air pollution but I'm in a place that uses Mises/Rothbard style property rights to deal with pollution. What do I do?
Simple. I make my smokestacks really tall so the pollution is emitted very high into the air and has dispersed massively before some of it reaches any particular property. All the other factory owners do that too both locally and far away.
Someone comes after me for violating their property rights by polluting their air...and I get off because they can't prove causality. Yes, my factory emitted pollutant X, but so did hundreds of other factories both near mine and hundreds of miles away and everywhere in between. They can't prove that any detectable amount of my pollution actually ended up in their air.
