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Hotspots

All the Data Center News That’s Fit to Print

A developer sues an Arkansas paper, plus more of the week’s biggest development fights.

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The United States.
Heatmap Illustration/Getty Images

1. Pulaski County, Arkansas – A major utility sued the biggest newspaper in Arkansas over reporting on a data center energy deal. It’s a crucial case to follow.

  • The lawsuit Entergy filed last week against the Arkansas Democrat-Gazette centers on whether the newspaper was legally able to publish about an Entergy deal with Google around payments for a large solar farm to power a data center. It claims the information reported was a trade secret accidentally released by the state public services commission.
  • In a statement to a local ABC station, the utility claimed Google’s “electricity contract may be confidential to newspapers,” and that the publication also erroneously reported on the solar farm financing. Entergy is seeking a temporary restraining order blocking the publication from reporting any more information in its possession that would qualify as theirs or Google’s trade secrets, and claims they believe more information is in the publication’s possession that may be reported in the future, according to federal court filings.
  • So far, the utility has been unable to win the stoppage and U.S. District Judge Lee Rudofsky rejected their request on Wednesday. The case is proceeding and I will be checking in regularly for you on this one.
  • Why is this case so important? This is easily the most aggressive communications response to public reporting on a previously-unknown deal related to a data center. At a time when non-disclosure agreements are a profound liability for the sector, I am surprised to see a utility go as far as a federal court challenge.

2. Lackawanna County, Pennsylvania – Speaking of hardcore legal strategies, have you ever heard of a data center developer asking every local official to recuse themselves?

  • This week, town leaders in the town of Archbald rejected a legal request from a developer for quite literally every deciding voice to withdraw from considering their project. Instead, the developer Cornell Realty Management asked for an independent hearing examiner to oversee their project permitting application because the officials’ previous statements against development apparently could qualify as improper bias. They didn’t bite. Now the town has roughly 45 days to decide on the project.
  • The overcrowded data center destination of Archbald is ground zero for the Keystone State data center backlash and has been highlighted numerous times in national media as a flashpoint in AI hyperscale development. Gov. Josh Shapiro visited the town in May as part of trotting out his then-voluntary standards for the sector. Since May, Shapiro’s sought to make those rules essentially a requirement for state permits, at least for now.
  • I drove through Archbald a few weeks ago. The collection of data centers around you while winding its northern Pennsylvania foothills are impossible to ignore, as well as the sprawling sections of deforestation along a highway that crosses underneath power line after power line. I can understand why some residents there might be irritated by even more of this coming to town.

3. Loudon County, Virginia – Data Center Alley is giving us our first real glimpse of what data center legislating could look like if Democrats control at least one chamber of Congress.

  • Rep. Suhas Subramanyam represents all of Loudon County, making him probably the most important elected member of Congress on the data center front. On Thursday, he introduced a slate of four bills targeting public concerns about data centers, including two separate bills requiring the Energy Department and National Institutes of Standards and Technology to craft best practices for the sector, respectively. One of the bills would make states create unique electricity price rules for data centers compelling them to pay more, known as “large load tariffs,” and the remaining proposal would require a national strategy related to defense issues and data centers.
  • Subramanyam is a first-term congressman with little experience in the federal legislature to bolster any claims he’ll get these bills into law. But this is a huge issue for him and a lot of this seems to have legs with key Democrats. The bill going after DOE is cosponsored by Reps. Mike Levin, Mike Quigley, and Veronica Escobar, and his proposal to create a large-load tariff dovetails with a similar idea floated by Sen. Martin Heinrich. It all feels like kismet, and would represent a soft touch compared to any kind of land use restriction.
  • I don’t think Democrats will pass any major legislation should they retake the chamber. But time and time again, when local residents aggrieved at large-scale development can’t get what they want from county or state leaders, they turn to their members of Congress to act. It’s happened with Republicans and renewables, and now it’s happening with Democrats and data centers.

4. Lane County, Oregon – The second largest city in Oregon is now turning down data centers, just as the governor starts saying no to anything on state land.

  • This week we learned the city of Eugene rejected a request for a former semiconductor plant to be for a data center, claiming its zoning code for IT projects doesn’t include them at all. The old former plant to me is representative of the industrial techlash; it used to be a major employer locally until it was closed around the time of the 2008 financial crisis, and now it won’t be used for where investment in heavy industry is going today.
  • Eugene’s denial demonstrates just how toxic data centers have become in Oregon when they once were courted as a form of economic development. Lane County itself scores above a 70 risk for both renewables and data centers in the Heatmap Pro database, which is primarily a reflection of how much protected acreage and large landowners are located in the large, bucolic, and forested county in western Oregon.
  • On Tuesday, around the same time Eugene’s rejection was made public, Gov. Tina Kotek north of Lane County announced a pause on all state right-of-way and land use permit issuances for data centers. Kotek said the move focused on state land, which is technically true, and it’s a far cry from a statewide moratorium, which the governor claims state law doesn’t allow her to create on her own. However, she’s calling it a moratorium in the press.
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Spotlight

A Giant Data Center Offers a Permitting Reform Test Case

What would happen to Project Jupiter if the Bipartisan American Affordability and Jobs Act is passed?

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Project Jupiter.
Heatmap Illustration/Project Jupiter, Library of Congress

One of the nation’s largest data centers is struggling under permitting woes. So let’s play a game: would the bipartisan permitting bill in Congress make the path easier, or might the federal legislation be irrelevant to large hyperscalers under development today?

Meet Project Jupiter, a mega project in southern New Mexico in Dona Ana County under development by Oracle and OpenAI, with financial backing from SoftBank and political support from the Trump administration for being a part of Stargate, a major Trump administration public-private initiative boosting AI development. Project Jupiter would be one of the largest data centers in the country if completed and currently is expected to run on a microgrid powered by fuel cells converting gas to electricity, which the developers claim will burn much cleaner than a typical off-grid gas turbine power plant.

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Hotspots

The Trump Administration Is Still Messing with Offshore Wind Farms

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

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The United States.
Heatmap Illustration/Getty Images

1. New England (and Maryland) – The Trump administration is still messing with offshore wind farms, even while trying to pass a permitting reform deal. Examining the court filings reveals why they may feel empowered to do it — and I’m not sure how this ends.

  • Last Friday, in a legal case brought by anti-wind activists, the Justice Department submitted a motion in federal court to send the construction and operations plan for Orsted’s Revolution Wind project in New England back to the Interior Department for more analysis. On Wednesday, the DOJ entered a similar motion in another case challenging the construction and operations plan for U.S. Wind’s MarWin project off the coast of Maryland in a lawsuit brought by the state’s coastal community of Ocean City.
  • Trump’s actions led some to question whether the president was sabotaging the deal, and others to claim the media coverage itself was an attempt to kill it. Going further, supporters of the bipartisan bill claimed the DOJ's motions were precisely why the bill should become law, implying it would guard offshore wind farms against this sort of maneuver.
  • However, for the bill’s backers, it’s worth considering why the Trump administration believes it has the legal authority to do this. It’s also time to ask whether the bill would actually protect these wind farms against this tactic.
  • To answer those questions, you have to rewind. On May 1, 2025, the Interior Department withdrew a Biden solicitor’s opinion instructing the agency to “strike a rational balance” between wind power and fishing interests. This revocation document is technically not in effect at the moment; one year later, a federal court ruled the opinion was potentially illegal as a part of a preliminary injunction on five anti-renewables actions requested by solar and wind trade groups. The Trump administration is contesting that ruling, and the administration has filed a notice of appeal.
  • In August, despite that opinion being in doubt, a federal judge granted Trump permission under the Outer Continental Shelf Lands Act to remand the construction and operations plan for the now-defunct Atlantic Shores offshore wind farm in the waters of New Jersey. U.S. District Judge Jia Cobb specifically wrote that Atlantic Shores failed to demonstrate the federal government had limitations under OSCLA on revisiting these plans and that the injunction from the litigation on appeal “did not prohibit all reevaluation of agency action.”
  • In the recent Revolution and MarWin filings, Trump’s Justice Department argues the construction and operations plans should be remanded under OSCLA without being vacated. The DOJ motions include claims that previous decision documents did not adequately explain impacts to commercial fishing and other industries that use OSCLA waters. It’s not clear if the administration will win these motions.
  • The bipartisan permitting bill would bar the Interior Department and other federal agencies from taking “any new action that would revoke, rescind, withdraw, terminate, suspend, amend, or alter a federal authorization or permit in effect on or after September 16, 2026,” or “any other action to interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary federal authorizations and permits.” The restriction exempts cases where “the agency is required to take such action by order of a court.” As I wrote in our lengthy piece explaining the bill, this provision has a damages component that allows companies impacted by violations to pursue financial compensation.
  • Here’s the billion-dollar question I expect we won’t have answered unless the bill language is enacted and then litigated: Would the court order exception apply to rulings that grant these motions? Or would the developers be able to sue for damages?

2. Columbia County, N.Y. – New York’s renewable energy permitting office has rejected an upstate solar farm on farmland as a House Democrat representing the area joined hands with the Trump administration in publicly railing against the project.

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Q&A

The Developer that Builds Local Support with ‘Right-sized’ Data Centers

A conversation with Harmol Samra of Host Digital

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The Q&A subject.
Heatmap Illustration

This week’s conversation is with Harmol Samra, CEO of data center developer Host Digital. I asked Samra for a conversation because his team expressed a willingness to offer candid views on the industry’s problems with social license to operate — namely, why is the industry botching this so badly? From his point of view, many could learn a lot from industrial revolutions of the past, and they should be careful not to let mega-project expansions get in the way of broader acceptance of the data center sector.

The following conversation was lightly edited for clarity.

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