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If you’re of a certain age, you probably remember the hole in the ozone layer. Like Joseph Kony and Livestrong wristbands, the obsession over O3 now feels like a cultural artifact, thanks to ozone depletion being one of the rare success stories of international environmental cooperation. Since the world banned chlorofluorocarbons under the Montreal Protocol in 1987, the holes over the North and South poles have steadily recovered.
Today, if you hear about “ozone” at all, it’s much more likely to be from an air quality alert on your phone. Unlike the stratospheric ozone that we were all so concerned about in the 1980s and 1990s, which makes up a protective layer around the planet that insulates us from the sun’s cancer-causing ultraviolet rays, “tropospheric” or “ground-level” ozone is mainly man-made. In fact, when people throw around the word “pollution,” what they’re probably talking about is ground-level ozone, which is created by a chemical reaction between nitrogen oxides (highly reactive gases produced by burning fuels) and volatile organic compounds (organic compounds that easily evaporate under normal environmental conditions and can be found in vehicle exhaust as well as scented personal care products like deodorants, lotions, and bug sprays), plus sunlight. This chemical reaction usually occurs when cars, refineries, power plants, and other industrial sources emit pollutants into the environment during a hot, clear day. You probably know the result by its other name: smog.
Ozone is a climate issue not just because it is yet another concerning consequence of burning fossil fuels. According to some estimates, high levels of ground-level ozone pollution could grow in frequency by three to nine additional days per year by 2050 because of the gas’s close relationship with intense sunlight and high temperatures. While ozone dissipates fairly quickly once those conditions go away, it can build up while they last. Hot days, which are increasing in the U.S., also coincide with weak winds and stagnant air — conditions that allow ozone to accumulate in one place.
When the temperatures start to rise, here’s what you need to know and what you can do to protect yourself and others from ozone pollution.
Different pollutants cause concern at different concentrations. The Air Quality Index is designed so that, in theory, a level of “100” corresponds to the point at which people in sensitive populations might start to be affected by the pollutant in question. (To learn more about how the AQI is calculated, you can read our explainer here).
That said, “The evidence has clearly been increasing that lower levels of ozone — levels well below the current standard of 70 parts per billion — are causing more health impacts,” Katherine Pruitt, the national senior director of policy at the American Lung Association, which is campaigning to strengthen the standard to 55 to 60 parts per billion, told me.
As Pruitt explained, ozone is a caustic irritant and can corrode metals. Breathing it in can cause inflammation in anyone, “from vulnerable children and elders to even the fittest elite athletes,” Pruitt said, adding that it is, “at some level, like getting a sunburn on your lungs.” Anyone who spends time outside is vulnerable to ozone, but the more sensitive groups — including children; the elderly; people with asthma, chronic heart disease, and other diseases; and pregnant women — are at a higher risk. They might already be paying more attention to the AQI levels in their area, and will potentially notice that they need to slow down and limit exertion during “yellow” or “orange”-level ozone events.
In the short term, ozone pollution can cause coughing, shortness of breath, and a lowered immune response, on top of aggravating any preexisting lung conditions or diseases. But Pruitt stressed to me that “living in places that have high levels of ozone day in and day out, for months and years, can cause respiratory diseases, nervous system disorders, metabolic disorders, reproductive problems, and mortality. It’s not just a cough and a wheeze on one bad air day.”
Ozone requires two main ingredients: the burning of fossil fuels and other chemicals, and sunlight. While ozone concentrations can be high in communities with a lot of industry and freeways nearby, ozone is “not really so much a roadway problem; it’s more of what we call an ambient air pollutant,” Pruitt said. Ozone can travel far away from where it was produced, in other words.
There are some rules of thumb, though. The places with the highest emissions and most appropriate atmospheric conditions for ozone pollution are “increasingly the western U.S. and the Southwest,” Pruitt said. The top four worst cities for ozone on the 2024 State of the Air report by the ALA were all in California, led by Los Angeles and Long Beach.
Since the passage of the Clean Air Act in 1963, other regions of the country have been doing much better, including the Southeast, mid-Atlantic, and Northeast. (Bangor, Maine, had the cleanest air in the report.)
Because ozone is so strongly related to sunlight, it does not cause indoor air pollution to the same extent as wildfire smoke (which, if you’re keeping score, is a PM2.5 pollutant). “Because it’s so reactive, it gloms onto your furniture and your walls and stuff, once it gets inside,” Pruitt said of ozone. To protect yourself, you can just stay indoors and run your air conditioner.
But what if you want or need to go out? Because ozone is a gas rather than a particle, HEPA filters and face masks won’t protect you. Instead, Pruitt said that you can time your errands, tend to your garden, and exercise when the sunlight is the weakest — mornings, especially, tend to be less demanding on the lungs during ozone events.
The Clean Air Act of 1963 requires the Environmental Protection Agency to review the national ambient air quality standards for ozone (as well as several other pollutants) every five years. “It almost never actually does it every five years” though, Pruitt said. “Sometimes advocates have to sue them to get them to move things along.” The EPA completed its last review in December 2020, with the Trump administration maintaining the 70 parts per billion standard set in 2015. Attacks on the Clean Air Act would likely resume if Trump retakes office.
Aside from agitating for stricter clean air standards, there are measures you can take to protect others from ozone events. The simplest is not to contribute any more nitrogen oxides and volatile organic compounds to the environment than you otherwise have to when ozone levels are high. Avoid driving or idling your car; top off your tank during the coolest parts of the day, such as after dark; minimize your electricity use; and set your air conditioner no lower than 78 degrees.
In the long term, reducing ozone pollution will mean “choosing greener products for cleaning and personal care, so that we’re not producing volatile organic compounds,” Pruitt told me. The National Oceanic and Atmospheric Administration previously found that in New York City in 2018, “about half” of the ambient volatile organic compounds it measured were produced by people, not vehicle exhaust. (Here’s a guide to reducing VOCs from your rotation.)
Additionally, “transitioning to zero-emission technologies so we're not burning fossil fuels” will help limit ozone pollution, Pruitt said. The difference can be pretty significant: A study from the University of Houston published earlier this month found that by switching to electric vehicles, New York and Chicago could prevent 796 and 328 premature pollution-related deaths per month, respectively. Counterintuitively, the study found that more EVs on the roads could increase mortality in Los Angeles due to a corresponding increase in secondary organic aerosols caused by complicated dynamics between nitrogen oxides and volatile organic compounds and the city’s unique geography. “This underscores the need for region-specific environmental regulations,” the authors said.
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A conversation with Emma Uridge of the Kansas Health Institute.
This week’s conversation is with Emma Uridge, analyst with the Kansas Health Institute. Uridge spent copious hours analyzing state and local laws on data center development to best understand how policymakers are responding to the potential environmental public health impacts of large AI infrastructure, including power and water. The report, which came out this week, also goes in depth into those health impacts. I reached out to her to discuss what she sees as must-watch territory for our readers on this emerging policy arena.
Our conversation was lightly edited for clarity.
What is actually being done on policy when it comes to data centers — beyond moratoria of course?
So first I’d like to just talk about the point of moratoria. It’s helpful to talk about how these policies emerge in the first place. One area where moratoria are helpful is when a data center is proposed but the county has no approach for how they’d like to potentially regulate them. That’s temporary, most of the time. It lets local governments conduct research on the various impacts and also negotiate community benefits, ones that can mitigate any potential negative impacts — like Lancaster Pennsylvania, which instituted a community benefit agreement that maximized the potential benefits of development while mitigating what large data centers can do. That agreement looked at capping municipal water use at 20,000 gallons per day and requiring 100% clean energy. It had financial penalties for non-compliance. The company also committed $20 million to their local economic development and clean energy fund. There are ways to negotiate with developers.
We also see amendments to existing zoning. Data center proposals are increasingly popping up in rural areas, many of which are unzoned, so there’s no way a county can negotiate unless there’s a moratorium in place.
Other policy solutions include different performance standards or requiring on-site renewable energy, like what Jefferson County, Missouri, looked at. Also setback requirements, mandatory noise buffers, ending by-right zoning.
Where are local governments getting ideas for regulating data centers?
A lot of the technical information comes from developers. That can in cases be seen as a biased source of information. I wouldn’t say there’s a dedicated group providing assistance to local governments when a project is proposed — which is a similar story to wind industry development, where we have only a handful of consultants who provide technical advice. It can be really helpful to get a multi-disciplinary approach to hearing information. It can be helpful to have the utility commission, public health folks, those in academia, as well as the developer.
As of right now, especially in rural areas, local governments have a hard task of balancing pushback while getting the most accurate, evidence-based, neutral information to make decisions. That balance can be contentious.
What is the federal government doing on data center policy? How is the Trump administration approaching it?
A few things there. In the early days, the drive was for AI expansion and to be competitive with foreign adversaries. Now due to the amount of public pushback in red and blue localities and a more cautious approach.
I’m not seeing a lot of actual policy movement at this time.
I know the EPA is looking at the chemicals used in cooling data centers because when that water is cycled through the system, some of it is discharged into the water system, so they’re looking at the Toxic Substances and Control Act for monitoring that.
How much of an impact does this minimal federal role have on industry behavior?
Y’know, this isn’t specific to data centers. This is true for all kinds of large-scale development: there’s a need to require some sort of federal monitoring and regulation.
That’s where I see an emerging role for public health. At the federal level, there could be policy movement towards requiring some sort of environmental monitoring at data centers to make sure they’re operating responsibility. Looking at specific water use relative to water availability and what happens when there’s a time of severe, persistent drought. With air quality too — we’ve seen areas where the grid isn’t as reliable so their diesel generators are kicking on more and affecting air quality for residents.
We’re just not seeing all of that right now. We need corporate disclosure.
What do you see as the most important public health impacts from data center development?
It varies by localities. The most discussed obviously is water usage. One thing I’d note about my conversations with folks enthusiastic around emerging tech is, there are still questions that need to be asked about the capacity of localities to support a data center. Like a small town in Kansas may only be using 40% of their water for their utility needs. If a data center came online, how much of that water goes to the data center?
One area underexplored within the public health discipline is energy poverty and energy security. The ability of a household to meet the needs of everything energy provides in our lives. It’s known we have an aging electric grid but we’re not talking enough about large-scale blackouts when the grid is not sufficient to support some of these new data centers.
Plus more of the week’s big development fights.
1. Laramie County, Wyoming — Meta is fighting the fine it received in the Cheyenne data center water pollution controversy, and the conflict between the tech giant and the city’s small board of public utilities is continuing to spill out into the public.
2. Niagara County, New York — This county just rejected a solar project’s highway work permits in a show of retaliation against the state’s Office of Renewable Energy Siting.
3. Barron County, Wisconsin — The anti-solar protest is the new campaign stop in deep red Wisconsin.
4. Chesapeake, Virginia — A large battery storage project on the Virginia coastline is on the rocks amidst rampant local opposition.
5. Lewis County, West Virginia — West Virginia is now a key battleground in the fight over transmission, as a line spanning all of West Virginia and Maryland — and cutting through Data Center Alley in Virginia — causes compounding consternation.
The local government of Boulder City, Nevada had previously rejected a proposal for the computing facility, which would draw power from the existing electricity supply.
The U.S. government for the first time approved a data center on federal lands. What the Trump administration is pitching as a demonstration of bureaucratic speed and ambition in the era of artificial intelligence, however, is turning into the same sort of mysterious backroom deal that’s upsetting other communities.
On Monday, the Bureau of Land Management announced that it would allow a large AI data center to be built on a plot of federal land technically within the limits of Boulder City, Nevada. The approval was initially granted as a right-of-way in 2023 for the second phase of a solar project known as Townsite Solar, to be built by a joint venture between Skylar Opportunities LLC, a subsidiary of Houston energy trader Bill Perkins’ investment firm, and renewables developer Arevon. (Ironically, Perkins also just launched an ETF to profit from higher electricity demand.)
Earlier this year, the LLC overseeing the project — itself named Townsite Solar 2 — notified the city that it would change tack and instead construct a large data center on the site. There would be no new power generation installed — rather, the facility would hook up directly to an existing substation. This time, the backlash was immediate and fierce, and led Boulder City’s planning commission to reject the data center within city limits.
Quietly, Townsite Solar 2 had prepared a backup plan: The project would shift to federal land that was already approved to use for the second phase of the solar farm. It wasn’t until early July that the Boulder City government and its residents learned that BLM had given Townsite Solar 2 permission to advance the data center without any new public hearings or comment periods. According to BLM, the data center would be essentially like a solar farm, so it wouldn’t require any new review.
“The BLM concluded that the new proposed action — a data center — is essentially the same,” city government attorney Brittany Walker told the Boulder City council at a July 14 public hearing. “This is a departure from previous precedent and procedure as the BLM essentially sweepingly approved a new land use without following processes in federal law.”
Boulder City is now fighting the federal assessment. Walker claimed at the July 14 hearing they weren’t notified ahead of time that Townsite Solar 2 would be so quickly approved and built on this parcel of federal acreage, a form of government-to-government communication often required under federal land use planning statutes.
Mystery continues to swirl around what BLM did here — and how Townsite Solar 2 got the agency to do it.
Nada Culver, who served as No. 2 at BLM under the Biden administration, told me that BLM had veered from the usual course of business in approving this data center. Consulting local governments before a decision is made “sits at the heart” of the Federal Land Management and Policy Act, which is the primary statute governing BLM’s land use decision-making, she said. Both that law and the National Environmental Policy Act are “supposed to involve the government actually looking at environmental impacts and sharing them. so it’s not responsible or arguably even legal for the BLM to say, ‘We aren’t going to look at those impacts or share them with the public,” she added.
Boulder City officials have said this is the first major data center approval on federal lands, to their knowledge. Culver told me she believed that to be true, and hadn’t heard of such a thing happening before. “This isn’t a niche BLM issue, so to try and say this is just another use when we’re all surrounded with this loud discussion at the national level about data centers is particularly stark.”
Patrick Donnelly of the Center for Biological Diversity told me his organization and the Sierra Club, another legacy conservation group, are planning a separate legal challenge, one they say is intended to stop more such swaps from happening. Donnelly noted that at least two more data center projects — both powered by on-site gas — are poised to start the federal permitting process at any moment, according to the BLM’s online materials.
“This is the first one, and it’s going to set the stage for these things on public lands, and we can’t let this happen,” he told me.
The timing of this fight couldn’t be worse for the Trump White House, as officials try to pivot towards a “feel your pain” message ahead of the 2026 midterm elections. On Thursday, utilities and data center developers joined Trump cabinet officials at the Environmental Protection Agency for a joint event promoting the administration’s Ratepayer Protection Pledge, a voluntary set of industry practices geared toward ensuring the cost of AI infrastructure isn’t borne by those living near it.
With the BLM’s decision to advance the data center on federal land, Boulder City will lose an estimated $2.3 million in annual leasing and taxation revenue that it would’ve received if the project were built on city land, according to the Las Vegas Review-Journal. If the project is built on BLM land, Boulder City officials have said they’ll still be forced to front the cost for water and sewage hookup to the facility, as well as road maintenance.
Townsite Solar 2 told me in an unattributed statement that it wants Boulder City “to receive the greatest possible revenue and contribution benefits from the project, regardless of siting on federally-owned or city-owned land.”
“TS2 wants the project to provide meaningful, measurable benefits for Boulder City residents, local businesses, and the broader community. Our goal is to develop a responsible, sustainable project that Boulder City can be proud of and that can serve as a national model.”
The people I talked to for this story were largely flummoxed at BLM’s determination that the data center would be “essentially like” the solar farm that was approved in 2023. “These are two unrelated projects,” Culver told me. “I find it very hard to see how this would not trigger the need for a new analysis or public engagement.”
BLM’s logic made my head hurt, too. Among other things, the agency said “both proposals will use the exact same location, same acreage, and same perimeter,” and “both are proposals for industrial uses that will operationalize cutting-edge technologies that are predominantly electrical and solid state in nature.” The agency also claimed the data center was just like the solar farm because construction would take approximately the same amount of time, and would involve facilities and changes that “are visually geometric and less than 30 feet in height.”
You could describe a data center this way, but you could also describe any other number of things this way: a grocery store, a factory, a rollercoaster.
When I asked BLM for comment, a spokesperson simply sent me back the text used in the press release announcing Townsite Solar 2’s data center approval. A press representative for Townsite Solar 2 declined to provide details about who handled government affairs for the data center project, except to say that it hadn’t hired any federal lobbyists.
Some of Trump’s loudest critics told me they think this deal happened because Arevon, a joint partner described as a key financier in the project’s application with Boulder City, hired lobbyists with The Bernhardt Group, a government relations firm created last year by former Trump Interior Secretary David Bernhardt. Arevon hired the firm around the same time Townsite Solar 2 initiated the process to use the federal land for the data center, according to federal disclosures.
I have a history with Bernhardt. After leaving the Trump administration in 2021, Bernhardt went on to run the Trumpworld think tank America First Policy Institute and released a tell-all book, You Report to Me, that called for the bureaucracy to stand down against — as he put it to me — “the interests of the executive.” (I interviewed him around the time of its publication, after which he gave me an unsolicited copy of the book that I keep at my bedside as a form of dark humor.)
These days Bernhardt’s firm represents oil interests, including energy companies, mining, and large-scale agricultural interests that use lots of water (think: almonds). But it’s also pitching itself to the AI energy commentariat. In May, the former Interior secretary authored an op-ed in The Washington Examiner calling for rapid investment in U.S. artificial intelligence infrastructure. He then took to right-wing TV network Newsmax to promote the column, arguing that people fighting to stop data centers were just trying to “oppose the president’s vision for energy dominance.”
It would be easy to point at these federal disclosures and online comments and claim this bizarre data center land use swap is the work of a familiar Trump-era boogeyan. Except Arevon was effusive to me in saying that is not what happened here. In a statement, the company said that it’s a passive member of the joint venture, holds less than 25% ownership stake, and has “not directly hired consultants or lobbyists for this project.”
I didn’t get a response from Overwatch, a data center engineering and design firm contracted to help with the project. Overwatch does have a director of government affairs, but their hire was announced months after the application would have been submitted to BLM.
This leaves us sleuths to conclude the likeliest reason this happened is also the most obvious one: Trump just wants data centers on federal lands, and this was a way to make that happen. What happens next will have enormous implications for the future of data center development and federal land use in the United States, especially if more companies facing federal permit stonewalling seek to turn their solar farm permits into permission to build AI infrastructure.