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Hotspots

Local Police Targeted Data Center Opponent, Law Firm Alleges

And more of the week’s top news around development fights.

The United States.
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1. Jefferson County, Alabama – A law firm is alleging that police in the city of Birmingham retaliated against a woman for suing developers of a data center. It might just be a wake-up call for data center developers.

  • Earlier this month, two individuals each with homes next to a proposed 300-megawatt data center in Birmingham filed a class action lawsuit against developer Nebius and the city of Birmingham. The lawsuit alleges “multiple independently fatal zoning violations” rooted in the city’s decision to let Nebius’s project move forward while also finalizing a moratorium, and claims the city has granted approvals in violation of the existing moratorium.
  • On May 18, days after the lawsuit was filed, lawyers for one of the individuals – Madelyn Greene – wrote the Birmingham Police Department stating officers pulled her over while driving through the proposed project site without any lawful reason. According to the letter, which I obtained and was first reported by AL.com, the officers claimed she was harassing police and started filming her while in her car. When she took her own phone out, the officers “abruptly broke off contact, returned to their vehicles, and left the scene.”
  • The letter concludes the traffic stop “timing and location are not coincidental.” It warned that any additional attempts by city police to “stop, detain, surveil, follow, photograph, intimidate, or otherwise harass” people involved in the lawsuit will result in requests for restraining orders.
  • Situations like these vividly illustrate the problems around security forces and large infrastructure projects. Activists fighting the Thacker Pass lithium mine in Nevada were monitored for years. Conflicts between police and oil pipeline protestors are common and complaints about surveillance abound.
  • I feel compelled to say that data center developers and large tech firms would be wise to coordinate with local police on matters such as these – not just for their own benefit but for that of the public. It’s one thing when protesters are arrested at a hearing, but wholly another when members of the public are concerned voicing dissent will lead to retaliation. All that’ll do is aggravate the opposition further.
  • Nebius did not respond to a request for comment.

2. Mason County, Kentucky – This county is the site of yet another eminent domain debacle and I suggest you pay attention to it because it’s now represented by an outgoing congressman with nothing left to lose: Thomas Massie.

  • On Friday, the Mason County Fiscal Court formally approved rezoning roughly 30 properties in and around the small town of Maysville for an undisclosed Fortune 500 company that may transform it into a data center. Footage of the Fiscal Court hearing posted online by local media displays a sea of red t-shirts and “VOTE NO” signs in the room – hardly representative of development welcomed.
  • Apparently, this project will also involve takings and removing people living in the project area. A residents’ rights organization, We Are Mason County, are suing the county and its planning commission.
  • Mason County is represented in Congress by Rep. Thomas Massie, who recently lost his Republican primary to a Trump-backed challenger. As I’ve previously chronicled, it’s usually the case that federal lawmakers take up the causes and frustrations of project opponents who lose to developers locally. (See: Rep. Chip Roy, who also just lost a GOP primary.)
  • I am now going to be watching Massie, a critic of the data center sector, closely. That’s especially urgent as he vacations with another ousted GOP lawmaker-turned-AI cynic, Marjorie Taylor Greene. Maybe data center fights are their populist pathways back to relevance?

3. Montgomery County, Missouri – A Google data center project celebrated by the White House is facing harsh local backlash.

  • Last week Google announced a $15 billion investment in a data center campus outside the small town of New Florence (there’s fewer than a thousand people). This is the second major AI project in the area after Amazon proposed its own $35 billion data center project on a large adjacent plot of land.
  • Shortly after Google’s announcement, the Trump administration proudly touted the project and defended its environmental impacts. In a tweet, the White House’s rapid response press arm said the project would create “thousands of construction jobs & hundreds of permanent jobs.” The White House also quoted a local news report that claimed it won’t raise energy bills or impact the water supply because it’ll be made with “air cooling technology.”
  • I’m watching this town closely because Missouri is a keystone for cultural conservative political leadership on all sorts of issues, including energy and tech policy. Southeast of New Florence in Festus, half the town’s leadership was voted out for approving data center construction. Missouri Sen. Josh Hawley, a Republican, has responded to frustrations like these to become one of the fiercest critics of the data center boom in Congress.

4. Iron County, Utah – Yet another county is banning data centers and solar energy.

  • The county’s action this week to temporarily halt data centers and large solar projects was prompted by the backlash to a large data center the county previously approved. The so-called Pronghorn data center near Cedar City, Utah, is unaffected by the moratoria, per media reports.
  • I saw chatter this week that people believed this moratoria was prompted by the fight over Kevin O’Leary’s now-infamous megaproject. Interestingly enough, Iron County is on the total opposite side of Utah on the southwestern edge, compared to Box Elder in the far north. So even though this is still Utahns getting upset, it’s worth recognizing this is not a proximal spillover.

5. Oconto County, Wisconsin – At least one developer is definitely thanking their lucky stars for state primacy over renewable permitting in the Badger State.

  • Last week, the Wisconsin Public Service Commission approved a NextEra utility scale solar farm in this county, which has an incredibly high opposition risk rating in Heatmap Pro. Predictably the solar project’s host town of Morgan doesn’t want the solar farm and neither do its neighboring property owners.
  • I’ve seen no chatter on the opposition’s primary Facebook page about litigation or appealing the decision. But this is the space I’ll be watching.
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Spotlight

Meta’s Bacterial Mystery Could Poison the Data Center Well

Water pollution in Wyoming has big implications for the future of data center development.

A data center and water pollution.
Heatmap Illustration/Getty Images

Did a Meta data center introduce a rare, dangerous bacteria into the sewers system of Wyoming’s capitol city? It’s an environmental pollution mystery with an answer that could decide the future of American AI infrastructure development.

Our drama begins in Cheyenne, Wyoming, where the city’s board of public utilities just wrapped up a lengthy investigation into the presence of Cupriavidus gilardii, a potentially lethal bacteria resistant to heavy metals, in the city’s wastewater treatment systems. Apparently, in February, board staff detected the contamination and shut off public access to the city’s water reuse system, a supply of treated non-potable water fed with treated wastewater and used for lawns, athletic fields, and other green spaces. Officials were worried that spraying this water could release into the environment a bacteria found to cause fatal health outcomes in immunocompromised or elderly people who are infected by it.

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Q&A

How Big of a Problem Is Data Center Noise?

A conversation with Ross Marchard of the Taxpayers Protection Alliance

The Q&A subject.
Heatmap Illustration

This week’s conversation is with Ross Marchard, executive director for the Taxpayers Protection Alliance, a center-right advocacy group that focuses on what it sees are onerous policies potentially hindering responsible collection and use of tax dollars. TPA’s position on AI clearly skews pro-free market, as they’ve recently defended Anthropic from Trump administration attacks. TPA also recently took on the mantle of defending data centers from noise complaints, publishing a paper on Tuesday “debunking myths about data centers being excessively noisy.” The paper references various analyses of data centers by state legislators and local regulators to argue that claims the sector is generally noisy are false.

I asked TPA’s executive director to chat with me about why and how the organization will try to quell these fears. The conversation was really interesting so I decided to share it with you in full, sans light editing for clarity and consistency.

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Hotspots

The Electro-Magnetic Freakout on the Cape

And more of the week’s news around project development.

The United States.
Heatmap Illustration/Getty Images

1. Barnstable County, Massachusetts – I have a whopper of an update on the Vineyard Wind project, which might be in operation but risks becoming fodder in the fight against offshore wind.

  • Like all offshore wind projects, Vineyard Wind has to send power to the coastline via cable. One of the three sites where these giant power lines land is Barnstable, a small shore community, where longtime residents for years have voiced concerns about electromagnetic fields or EMF.
  • Concerns about EMF are comparable to those about infrasound from data centers. We do not know whether these concerns are really rooted in legitimate health impacts, as I have written, but regardless this remains a common concern raised around large high-voltage power lines, including those for offshore wind projects.
  • On June 30, the town’s board of health heard from a group of Barnstable residents who claim to have measured EMF from the town’s wind cable. The same group, Save Greater Downes Beach, had unsuccessfully sought to stop the cables through litigation and public pressure.
  • This board of health meeting was controversial: Ahead of the meeting, the director of Sierra Club’s Massachusetts chapter wrote the board of health requesting their testimony be limited and no action be taken on the findings. “Concerns being raised about electromagnetic field exposure associated with Vineyard Wind 1’s underground export cables are not only invalid but outside of the Board of Health’s jurisdiction,” wrote chapter director Vick Mohanka, according to a copy of the letter posted to Facebook by anti-wind activist Susanne Conley.
  • This Sierra Club chapter was right to be concerned about how this meeting would affect Vineyard Wind. I watched the lengthy testimony before the board of health. Activists presented a case that the town should implore regulators with authority to deeply study the wind farm cables. They asked the board of health to back a state study on EMF and put the question before the Massachusetts permitting regulator, the Energy Facility Siting Board.
  • “We’re not asking the board to place any restrictions or limitations on the project at this time,” Gary Peters, a local medical professional and member of Save Greater Dowses Beach, told the board. “We’re asking you to put that ball in the court of EFSB.”
  • The board was receptive to this request. Board chair F.P. Lee told the group he would “take this under advisement” and said he’d talk to their legal department about it. Daniel Luczkow, the board’s vice chair, said he agreed with activists’ feelings that Barnstable residents were “guinea pigs.”
  • “It sounds like the contention is that these levels we’re measuring are much, much higher than the information given when the project was started,” Luczkow said. “We’re the only place on the planet, maybe, that actually runs these [cables] through a populated area and we have no idea what type of damage they’re causing?”
  • Should Barnstable strenuously take this issue up, I would predict it only be a matter of time before it’s also raised by organs of the federal government. Health and Human Services Secretary Robert F. Kennedy Jr. last year asked the Centers for Disease Control to study negative health impacts from precisely this infrastructure. This kind of hyperlocal squabble is often what manifests as conversation in anti-wind opposition circles, and Vineyard Wind was already causing PR headaches for the energy transition.
  • Avangrid did not respond to a request for comment.

2. Prince William County, Virginia – Northern Virginia is officially hostile territory for data center developers, and I learned about it through a call from my mom.

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