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It’s aware of the problem. That doesn’t make it easier to solve.

The data center backlash has metastasized into a full-blown PR crisis, one the tech sector is trying to get out in front of. But it is unclear whether companies are responding effectively enough to avoid a cascading series of local bans and restrictions nationwide.
Our numbers don’t lie: At least 25 data center projects were canceled last year, and nearly 100 projects faced at least some form of opposition, according to Heatmap Pro data. We’ve also recorded more than 60 towns, cities and counties that have enacted some form of moratorium or restrictive ordinance against data center development. We expect these numbers to rise throughout the year, and it won’t be long before the data on data center opposition is rivaling the figures on total wind or solar projects fought in the United States.
I spent this week reviewing the primary motivations for conflict in these numerous data center fights and speaking with representatives of the data center sector and relevant connected enterprises, like electrical manufacturing. I am now convinced that the industry knows it has a profound challenge on its hands. Folks are doing a lot to address it, from good-neighbor promises to lobbying efforts at the state and federal level. But much more work will need to be done to avoid repeating mistakes that have bedeviled other industries that face similar land use backlash cycles, such as fossil fuel extraction, mining, and renewable energy infrastructure development.
Two primary issues undergird the data center mega-backlash we’re seeing today: energy use fears and water consumption confusion.
Starting with energy, it’s important to say that data center development currently correlates with higher electricity rates in areas where projects are being built, but the industry challenges the presumption that it is solely responsible for that phenomenon. In the eyes of opponents, utilities are scrambling to construct new power supplies to meet projected increases in energy demand, and this in turn is sending bills higher.
That’s because, as I’ve previously explained, data centers are getting power in two ways: off the existing regional electric grid or from on-site generation, either from larger new facilities (like new gas plants or solar farms) or diesel generators for baseload, backup purposes. But building new power infrastructure on site takes time, and speed is the name of the game right now in the AI race, so many simply attach to the existing grid.
Areas with rising electricity bills are more likely to ban or restrict data center development. Let’s just take one example: Aurora, Illinois, a suburb of Chicago and the second most-populous city in the state. Aurora instituted a 180-day moratorium on data center development last fall after receiving numerous complaints about data centers from residents, including a litany related to electricity bills. More than 1.5 gigawatts of data center capacity already operate in the surrounding Kane County, where residential electricity rates are at a three-year high and expected to increase over the near term – contributing to a high risk of opposition against new projects.
The second trouble spot is water, which data centers need to cool down their servers. Project developers have face a huge hurdle in the form of viral stories of households near data centers who suddenly lack a drop to drink. Prominent examples activists bring up include this tale of a family living next to a Meta facility in Newton County, Georgia, and this narrative of people living around an Amazon Web Services center in St. Joseph County, Indiana. Unsurprisingly, the St. Joseph County Council rejected a new data center in response to, among other things, very vocal water concerns. (It’s worth noting that the actual harm caused to water systems by data centers is at times both over- and under-stated, depending on the facility and location.)
“I think it’s very important for the industry as a whole to be honest that living next to [a data center] is not an ideal situation,” said Caleb Max, CEO of the National Artificial Intelligence Association, a new D.C.-based trade group launched last year that represents Oracle and myriad AI companies.
Polling shows that data centers are less popular than the use of artificial intelligence overall, Max told me, so more needs to be done to communicate the benefits that come from their development – including empowering AI. “The best thing the industry could start to do is, for the people in these zip codes with the data centers, those people need to more tangibly feel the benefits of it.”
Many in the data center development space are responding quickly to these concerns. Companies are clearly trying to get out ahead on energy, with the biggest example arriving this week from Microsoft, which pledged to pay more for the electricity it uses to power its data centers. “It’s about balancing that demand and market with these concerns. That’s why you're seeing the industry lean in on these issues and more proactively communicating with communities,” said Dan Diorio, state policy director for the Data Center Coalition.
There’s also an effort underway to develop national guidance for data centers led by the National Electrical Manufacturers Association, the American Society of Heating, Refrigerating, and Air-Conditioning Engineers, and the Pacific Northwest National Laboratory, expected to surface publicly by this summer. Some of the guidance has already been published, such as this document on energy storage best practices, which is intended to help data centers know how to properly use solutions that can avoid diesel generators, an environmental concern in communities. But the guidance will ultimately include discussions of cooling, too, which can be a water-intensive practice.
“It’s a great example of an instance where industry is coming together and realizing there’s a need for guidance. There’s a very rapidly developing sector here that uses electricity in a fundamentally different way, that’s almost unprecedented,” Patrick Hughes, senior vice president of strategy, technical, and industry affairs for NEMA, told me in an interview Monday.
Personally, I’m unsure whether these voluntary efforts will be enough to assuage the concerns of local officials. It certainly isn’t convincing folks like Jon Green, a member of the Board of Supervisors in Johnson County, Iowa. Johnson County is a populous area, home to the University of Iowa campus, and Green told me that to date it hasn’t really gotten any interest from data center developers. But that didn’t stop the county from instituting a one-year moratorium in 2025 to block projects and give time for them to develop regulations.
I asked Green if there’s a form of responsible data center development. “I don’t know if there is, at least where they’re going to be economically feasible,” he told me. “If we say they’ve got to erect 40 wind turbines and 160 acres of solar in order to power a data center, I don’t know if when they do their cost analysis that it’ll pencil out.”
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Will moving fast and breaking air permits exacerbate tensions with locals?
The Trump administration is trying to ease data centers’ power permitting burden. It’s likely to speed things up. Whether it’ll kick up more dust for the industry is literally up in the air.
On Tuesday, the EPA proposed a rule change that would let developers of all stripes start certain kinds of construction before getting a historically necessary permit under the Clean Air Act. Right now this document known as a New Source Review has long been required before you can start building anything that will release significant levels of air pollutants – from factories to natural gas plants. If EPA finalizes this rule, it will mean companies can do lots of work before the actual emitting object (say, a gas turbine) is installed, down to pouring concrete for cement pads.
The EPA’s rule change itself doesn’t mention AI data centers. However, the impetus was apparent in press materials as the agency cited President Trump’s executive order to cut red tape around the sector. Industry attorneys and environmental litigants alike told me this change will do just that, cutting months to years from project construction timelines, and put pressure on state regulators to issue air permits by allowing serious construction to start that officials are usually reluctant to disrupt.
“I think the intended result is also what will happen. Developers will be able to move more quickly, without additional delay,” said Jeff Holmstead, a D.C.-based attorney with Bracewell who served as EPA assistant administrator for air and radiation under George H.W. Bush. “It will almost certainly save some time for permitting and construction of new infrastructure.”
Air permitting is often a snag that will hold up a major construction project. Doubly so for gas-powered generation. Before this proposal, the EPA historically was wary to let companies invest in what any layperson would consider actual construction work. The race for more AI infrastructure has changed the game, supercharging what was already an active debate over energy needs and our nation’s decades-old environmental laws.
Many environmental groups condemned the proposal upon its release, stating it would make gas-powered AI data centers more popular and diminish risks currently in place for using dirtier forms of electricity. Normally, they argue, this permitting process would give state and federal officials an early opportunity to gauge whether pollution control measures make sense and if a developer’s preferred design would unduly harm the surrounding community. This could include encouraging developers to consider alternate energy sources.
“Inevitably agencies have flexibility as to how much they ask, and what this allows them to do is pre-commit in ways that’ll force agencies to take stuff off the table. What’s taken off the table, it’s hard to know, but you’re constraining options to respond to public concerns or recognize air quality impacts,” said Sanjay Narayan, Sierra Club’s chief appellate counsel.
Herein lies the dilemma: will regulatory speed for power sacrifice opportunities for input that could quell local concerns?
We’re seeing this dilemma play out in real time with Project Matador, a large data center proposal being developed in Amarillo, Texas, by the Rick Perry-backed startup Fermi Americas. Project Matador is purportedly going to be massive and Fermi claims its supposed to one day reach 11 GW, which would make it one of the biggest data centers in the world.
Fermi’s plans have focused on relying on nuclear power in the future. But the only place they’ve made real progress so far in getting permits is gas generation. In February, the Texas Commission on Environmental Quality gave Fermi its air permit for building and operating up to 6 gigawatts of gas power at Project Matador. At that time, Fermi was also rooting for relaxed New Source Review standards, applauding EPA in comments to media for signaling it would take this step. The company’s former CEO Toby Neugebauer also told investors on their first earnings call that Trump officials personally intervened to help get them gas turbines from overseas. (There’s scant public evidence to date of this claim and Neugebauer was fired by Fermi’s board last month.)
But now Fermi’s permit is also being threatened in court. In April, a citizens group Panhandle Taxpayers for Transparency filed a lawsuit against TCEQ challenging the validity of the permit. The case centers around whether the commission was right to deny a request for a contested case hearing brought by members of the group who lived and worked close to Project Matador. “Once these decisions are made, they don’t get reversed,” Michael Ford, Panhandle Taxpayers for Transparency’s founder, said in a fundraising video.
This is also a financial David vs. Goliath, as Ford admits in the fundraising video they have less than $2,000 to spend on the case – a paltry sum they admit barely covers legal bills. We’re also talking about a state that culturally and legally sides often with developers and fossil fuel firms.
At the same time, this lawsuit couldn’t come at a more difficult time as Fermi is struggling with other larger problems (see: Neugebauer’s ouster). Eric Allman, one of the attorneys representing Panhandle Taxpayers for Transparency, told me they’re still waiting on a judge assignment and estimated it’ll take about one year to get a ruling. Allman told me legally Fermi can continue construction during the legal challenge but there are real risks. “Applicants on many occasions will pause activity while there is an appeal pending,” he told me, “because if the suit is successful, they won’t have an authorization.”
Aerial photos reported by independent journalist Michael Thomas purportedly show Fermi hasn’t done significant construction since obtaining its air permit. Fermi did not respond to multiple requests for comment on the lawsuit.
Industry attorneys I spoke to who wished to remain anonymous told me it was too early to say whether EPA’s rulemaking would exacerbate local conflicts by making things move faster. “A lot of times the environmental community likes to litigate things in the hope delays will kill a project, so in that regard, this strategy may be harder for them to implement now,” one lawyer told me. “But just because a plant gets a permit doesn’t mean they can build.”
Environmental lawyers, meanwhile, clearly see more potential for social friction in a faster process. Keri Powell of the Southern Environmental Law Center compared this EPA action to xAI’s rapid buildout in Tennessee and Mississippi where the Al company’s construction of gas turbines before it received its permits has only added to local controversy. This new rule would not make what xAI did permissible; this is a different matter. Yet there are thematic similarities between what the company is doing and the new permitting regime, with natural gas generation expanding faster when companies are allowed to start forms of site work before an air permit is issued.
“By the time a permit is issued, the company will be very, very far along in constructing a facility. All they’ll need to do is bring in the emitting unit, and oftentimes that doesn’t entail very much,” she said. “Imagine you’re a state or local permitting agency – your ability to choose something different than what the company already decided to do is going to be limited.”
And more of the week’s top fights around development.
1. Berkeley County, South Carolina – Forget about Richland County, Ohio. All eyes in Solar World should be on this county where officials are trying to lift a solar moratorium.
2. Hill County, Texas – We have our first Texas county trying to ban new data centers and it’s in one of the more conservative pockets of the state.
3. Sussex County, New Jersey – A town in north Jersey rapidly changed course from backing a new data center to outright banning all projects.
4. Porter County, Indiana – The Chicago ex-urb of Valparaiso is significantly restricting data centers too, after pulling the plug on a large project under development.
5. King County, Washington – It’s Snoqualmie vs. the energy sector right now, as the new poster child for battery backlash bans BESS in its borders.
A conversation with Utah state senator Nate Blouin.
This week’s conversation is with Utah state senator Nate Blouin – a candidate for the Democratic nomination to represent the state’s 1st Congressional District, which includes Salt Lake City. I reached out to Blouin amidst the outpouring of public attention on the Box Elder County data center project backed by celebrity investor Kevin O’Leary. His positions on data centers and energy development, including support for a national AI data center moratorium, make him a must-watch candidate for anyone in this year’s Democratic congressional primaries. (It’s worth noting this seat was recently redrawn in ways that made it further left.)
The following conversation was lightly edited for clarity.
I guess to start, how’s the fight going?
On the [O’Leary] data center front? It’s good. People have really been activated by this. It’s always exciting for me to see when people get interested in politics because it hits close to their lives. I think that’s why you’re seeing people so passionate here. We had thousands file protests on their water rights change application. We had thousands show up to a county commission meeting in Box Elder County, Utah. The people have taken notice and understand the ramifications of such a gigantic project in our backyard. Officials are listening and I don’t know if that’s going to translate into concrete action to stop this thing but it’s good to have people involved, taking an interest in what I see as an environmental issue and an energy issue.
You’re running for office in the Salt Lake City area right?
Correct. I’m currently in the state senate representing central Salt Lake County running for a congressional district that is entirely located within northern Salt Lake County.
I assume your next question is: why is this a concern to you if this isn’t in Salt Lake County?
Yeah.
I was anticipating that.
This is a gigantic project. Several gigawatts of energy, an enormous amount to put on or off the grid depending on how it plays out. It’s a huge project, likely the largest natural gas generating facility in the country and on par with some of the largest generating facilities in the world. As the crow flies, my district right now and the one I’m running to represent are 50 to 70 miles across the Great Salt Lake just south of this proposed location. And we already have really massive air quality issues in our area. We have a Great Salt Lake that is struggling in incredible fashion, at one of its lowest ever levels and no hope of returning to normal in the near future. Any of those issues are going to come up, create climate damage, increase our ozone levels.
When you approach the data center issue as a candidate, how do you see it impacting your race and how do you approach the issue in general?
This ties together so many threads. The climate issues I’ve worked on in the past. Certainly looking at who is going to benefit here and who is going to lose out. We’ve seen the state give out massive tax incentives, to the tune of probably hundreds of millions of dollars. People are so angry about all these things. It’s these threads about billionaires who profit while we struggle with the air pollution that’s choking many in our community. That’s what put it at the center of this race. I think you’re going to see that more often across the country where other large proposals are.
On the larger picture, my perspective is that we need a moratorium on data centers as we envision what the future is. A national moratorium. I’m aligned with Sen. Bernie Sanders and Rep. Alexandria Ocasio-Cortez on that front. Sanders endorsed my campaign because I see eye to eye with him on many issues including this one.
I don’t want these dumped in our backyard. This one in particular because of how enormous it is, but we’ve seen other proposals and I fought these in the legislature.
We need to ask, what is the future of this industry? While average people are struggling with high energy costs, why are we incentivizing all this infrastructure to benefit the select few who own this stuff?
We have to get public buy-in both on how the infrastructure works and how if we move forward with any of these, how they benefit our communities. The environmental aspect as well, all these communities that have been dumping grounds in the past aren’t going to want these either. We have to look at what the future of AI also looks like.
If I may, when I spoke with Senate candidate Graham Platner about this idea over the past weekend, he told me that he doesn’t want a moratorium for the sake of a moratorium.
Right.
I mean look, there are great things AI can do. Great medicines to be discovered. Weather forecasts. We can better utilize clean energy.
I want a moratorium because it gives time to actually envision what policies are needed to get buy-in. What role the government plays in managing these technologies, too. Make sure they’re being used in the public interest and not against us.
A mish-mash of policies across the states or just saying we’ll do the work isn’t the right approach. I think we need to take a pause and develop those strategies. Then we’ll see what happens and move forward.
I spoke with Holly Jean Buck about that Jacobin piece where she argued against a data center moratorium after previously being for it. She mentioned being concerned about this unique allegiance between the folks fighting data centers on the left and on the right. It’s unclear those folks have the same end goals.
What’s your take on that allegiance and if it’ll lead to positive development in the long term?
I think there are shared end goals.
Protecting land? There’s different reasons. On the right, they’re concerned about farmland and agricultural land being developed into things they don’t want, where on the left it's about public land and the general environmental picture. But on surveillance, for example, there’s more commonality in what we want to see. Most people don’t want to see more government intrusion.
I think there are commonalities and differences. It’ll be interesting to see how those pan out in the long run.
I agree with Platner’s statement. This is to figure out the path forward before we spend trillions of dollars on infrastructure that’ll be paid for by ratepayers.
My last question: do you think we’ll still be having the same conversation about all of this 10 years from now?
No. I don’t think so – if we take the time that’s needed to get public buy-in.
That’s why we have to see the government play an active role here. So far, they’ve let everyone do whatever they want. We can’t keep letting the billionaire class get whatever they want so they can make a bunch of money off of us.
To return to Utah, the process here was horrible. It was a data center that would encompass 40,000 acres. It’s a gigantic area and amount of emissions. And it was done through an opaque government agency that pushed it forward.
What I know from my work in the clean energy space, like with transmission, if you do the process right and forums and tell people you’re interested in doing something nearby and in X way, you can see people rally around those projects.
Here you saw Kevin O’Leary, a Canadian guy, come in and work behind the scenes to make himself a bunch of money.
We need to figure out how to do this in a way that envisions how the public can be involved.