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Where temporary moratoria could happen next.

Brace yourself for more statewide data center moratoria.
So far there are only two full state-wide blocks on data center permits, in New York and Texas. At least fifteen states have moratorium legislation in the pipeline, but few if any of those bills stand a chance of becoming law in the short term. Here are five states, however, where a broad development pause may gain momentum in the next year or two — and all of them are crucial to watch this November.
If you blinked you may have missed it: New Hampshire Governor Kelly Ayotte, a Republican, said she wants to enact a statewide data center moratorium.
Ayotte first came out in support of a pause last month at a Rotary Club meeting, declaring, “It does not make any sense at all to site a data center in New Hampshire.” She also reportedly plans to include a moratorium proposal in her upcoming 2027 fiscal budget. New Hampshire’s legislative sessions occur in the first half of the year, so we won’t see action on a moratorium bill this fall. But Ayotte’s statements suggest the Granite State — which is controlled by the GOP — could pivot to a pause very soon.
New Hampshire has very few data centers. Like, almost none. Only two project fights exist in the Heatmap Pro database, both in Portsmouth, and each has been canceled amidst opposition. Ayotte’s remarks were prompted by the fight against a hyperscale project being studied in the small town of Bow at a former coal plant that closed in late 2025.
None of this should surprise anyone familiar with New England NIMBYs. A New Hampshire moratorium also makes sense given the state’s proximity to Maine, which almost had one of its own. Ayotte, who is up for re-election this year, is likely looking at the political fortunes of Governor Janet Mills and trying to avoid potholes ahead of a likely blue wave hitting her state.
This week, Arizona Attorney General Kris Mayes, a Democrat, came out in support of a statewide data center moratorium.
Mayes told Arizonans in a public statement on Monday that she wants to avoid undue strain on the electric grid and adding to the burden of water cuts led by the Trump administration. Phoenix, where opposition grows by the day, seems to be the primary reason. This shouldn’t in any way be a surprise given the backlash to these projects, which in Arizona’s case is rooted in legitimate water security concerns.
One of the first high-profile data center conflicts I ever learned about was in Arizona: Project Blue, which had to move on from the city of Tucson after officials voted it down last summer. That led Amazon to bail from the facility, though it’s still under development elsewhere on county land. Locals are deeply concerned about the water impacts.
Ordinarily an attorney general wouldn’t have any sway on legislative or executive policy, but the state is already quite receptive to restricting data center development. Governor Katie Hobbs has enacted a three-year pause on tax abatements for data centers, and in response to requests for comment on Mayes’ statement, has told media she’s working on more policies targeting the sector. Hobbs has said she will do more in the following legislative session, but it’s not clear what.
The real decisive action here is probably going to be legislation, and that will depend on the reception any moratorium finds with Republicans in the state legislature, which is typically split in this purple state. The Arizona GOP is quite pro-industry, and Mayes’ opponent in her race for re-election opposes restricting data center construction.
You really should get to know the name Cindy Holscher for the next two months.
Holscher, a state senator, won a surprise upset victory in the Democratic gubernatorial primary this year, and currently sits within a one-point margin of her Republican opponent. How’d she get the nom? By calling for a statewide data center moratorium. “It reminds me of when the automobile manufacturers had to put seatbelts into their cars,“ Holscher told MSNOW after she won the primary. “We as a people and as a state just need to make sure there are guardrails in place.”
Kansas politics are weird. The state is best known as a conservative ideological bastion that’s pro-business. Full Republican control of the Kansas government during the Obama era led to significant social services cuts most closely associated with former Governor Sam Brownback. But after that, Kansans seemed to like moderate Democratic governors, electing Laura Kelly in 2022. Kelly is now term limited out of office.
Kansas already has a colorful patchwork of local data center and renewable energy restrictions. Land use is a big deal in this agricultural behemoth. Should Holscher win in a blue wave year, she would have a mandate to enact a statewide moratorium. Still, Republicans control the legislature, and that’s unlikely to change. My major questions are, should Holscher win, would the GOP in state government listen to Holscher’s request? Or can she do this through the executive branch?
Politics nerds are obsessing over Ohio right now. There, Trump acolyte Vivek Ramaswamy is neck-and-neck in the polls for governor with a Democratic candidate who backs a “conditional” data center moratorium: Amy Acton.
What’s a conditional moratorium? It’s in the eye of the beholder, really. Technically speaking, Governor Josh Shapiro instituted a conditional moratorium in Pennsylvania, where data center projects cannot get permits unless they meet very specific standards set by the governor himself. Shapiro did it through executive action, but in this case, it’s unclear whether the moratorium will be codified through that process or through law.
Should Acton win — or if former Senator Sherrod Brown defeats sitting Senator Jon Husted in the U.S. Senate race — I anticipate major legislative action on data centers in Ohio. Republicans there have essentially permanent control of the state legislature, and they’ve historically been pro-data center. But the freakout over opposition to artificial intelligence and hyperscalers in the senate race specifically has spooked national Republicans, who think it provided the opening Brown needed to potentially win back his seat. Acton and Brown’s political fortunes appear to be wedded to one another, linked to a general angst in the American public.
Every top 5 list needs a wild card, and mine is Oklahoma.
Currently, there’s minimal risk of a data center moratorium. I might’ve had this state higher on my list had Gentner Drummond won the runoff for the GOP gubernatorial primary, given his proclivity to side with anti-renewables activists who also oppose data centers. Instead, likely future governor Mike Mazzei is running on a more moderate, Trump-friendly approach to data centers centered on maintaining industry growth while protecting ratepayers from new infrastructure costs. His opponent, Cyndi Munson, supports a one-year moratorium.
I consider Oklahoma’s odds of having a data center moratorium about equal to the chance of a statewide wind energy ban. Momentum for anti-wind legislation began in the state legislature, and I expect the same to happen with data centers. But unlike the wind industry, which has enormous power in the state, data centers are still a nascent industry. This is a place that may take about two or three years to manifest full cultural upheaval over these projects.
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1. Suffolk County, New York – Rarely do I get to say battery fire fears can be quelched but we have a very good example brewing in the Empire State.
2. Loudon County, Virginia – I can’t believe it: Data Center Alley is going to enact a moratorium.
3. Pulaski County, Arkansas – Entergy has dropped the lawsuit it filed against an Arkansas newspaper over the publication of a power deal with Google.
4. Darlington County, South Carolina – We conclude this week’s Hotspots with a focus on a GOP-leaning county rejecting a renewables moratorium.
A conversation with Sam Lyman of the Bitcoin Policy Institute.
This week’s conversation is with Sam Lyman, head of research at the Bitcoin Policy Institute. Originally focused on cryptocurrency, Lyman’s organization has expanded to policy and messaging development around data centers, most notably providing research many AI boosters cite to claim foreign influence is driving opposition to new hyperscale projects. Last week, the think tank released a new report calling for a novel solution to the data center permitting bottleneck: direct cash payments from data center projects to individuals involved with building them, as well as residents nearby facilities once they’re operating.
I reached out to BPI and asked for a chat with Lyman about the data center dividend proposal. I also tried to get to the bottom of where this increasingly relevant think tank stands on the general idea of a national data center law. The conversation was immensely informative. So here it is, in a lightly abridged and edited format.
Let’s start with the data center dividend proposal. Walk my readers through it.
Data center dividends came from the idea that, ideally in the AI revolution, we want all Americans to benefit. Especially rural Americans. You look at the landscape today, the majority of AI data centers are being built in rural America. It’s critical they’ll benefit from the massive wealth AI will unlock.
There’s lots of ways to make that happen. People point to the jobs AI data centers will build out, for example. But with data center dividends, we take the logic of the Alaska Permanent Fund and we apply it to America’s rural counties, which are sitting on a proverbial gold mine right now but lack any kind of public mechanism allowing them to benefit from that in a maximal way.
If you look at the tax revenue these data centers create, which is astronomical, how do we distribute this tax revenue in a way where it has the most tangible impact on the families living there? We believe data center dividends are the best way to do that – after allocating money for schools, public safety, and infrastructure, it allows these counties with tens of millions of dollars left over to distribute them as they see fit. They should distribute that money to the men and women who make those data centers happen in the first place.
The most effective form of a dividend would take a direct payment: a cash payment, a physical check, a direct deposit. Or the form of credits paying back property taxes, utility bills, an endowment for scholarships. There’s a number of different forms this can take.
Hopefully this gets the conversation going about how we can make these work for everybody.
Who do you want to see set up this dividend mechanism? How’s your approach to implementation?
The report is addressed to county commissioners. I’m thinking of commissioners who represent both sides of the political spectrum facing this huge backlash. Many of them want to do good by their communities and their voters, even if it means doing a data center, in places where it’s difficult to explain right now. Dividends make this indisputably clear.
I tried to put myself in the shoes of an enterprising county commissioner who sees the merits in the data center buildout and wants to break out of the political storm. It’s important to note data centers can be a huge economic boon for communities, in ways that can impact lives positively.
Have any communities – counties, as you noted – taken this idea up yet? Are there any models for this proposal?
The best analogue is West Feliciana, Louisiana, which is the case study we feature. West Feliciana made an agreement with a data center developer where in lieu of taxes, they make direct payments of about $90 million a year to the parish. That triples the community’s tax budget every year. It leaves ample room not only for essential services but dividends afterwards. Louisiana then passed a law – Act 434 – that allowed West Feliciana to remit some of those payments to residents as a tax credit. This bill first provided the opportunity for the parish to even remit those payments as cash, but it was changed in the legislature to make it a credit. That’s the closest we’ve gotten so far.
As far as reaching out to individual counties, we’re a think tank. We put ideas into the universe. We haven’t had anyone reach out to us since the publication of the report so far but we’re hoping they will.
Your report does lay out how there’s a bottleneck in development and this could help with easing it. Do you see an impetus to put ideas like the dividend out there right now, in light of the increased data center scrutiny in this year’s midterms?
Our publication is irrespective of the midterms. But it is tied to the fact that a bottleneck facing the data center buildout includes it becoming a politicized issue. We’re of the belief these projects shouldn't be political at all. One way to break through the noise is by showing how they can benefit those involved in construction and residents who live there. Data centers are critical infrastructure; other forms of critical infrastructure aren’t being politicized. Our efforts are to demonstrate how these shouldn’t be political.
When it comes to the future of AI data center regulation, this proposal is obviously geared towards incentivizing a resolution to the bottleneck through using resources produced from data centers – namely, new investment.
Where does your organization stand on the increased push for environmental or siting regulation on AI data centers?
I’m not familiar with what you might be referring to there.
I mean, there’s all kinds of proposals at the federal level and in states for everything from being required to pay for infrastructure upgrades to being required to use closed-loop cooling to siting restrictions, like temporary moratoria.
What I’m asking is, what else do you as an organization believe when it comes to regulating AI data center development at the federal level? State level?
We believe data centers should work for the communities where they’re being built. That’s important. So the concept of BYOP – Bring Your Own Power – we very much support that idea. We think the Ratepayer Protection Pledge is a great proposal because ultimately we want data centers, with them being critical infrastructure, to not only strengthen our national security but strengthen the communities where they’re being built.
Some states are rejecting data centers. We think that’s a mistake because it's something that’ll ultimately short-change the people who live there. For the states that do decide to build data centers, it's up to them what regulations make data centers more sustainable over time.
There’s increased public discussion for policy on AI development – as an organization, do you see any role in the federal government making policy here with a national data center law?
We think AI will be key to America’s prosperity over the long-term. We have concerns about the regulation of open-source artificial intelligence; bitcoin is a form of open-source software and open-source money. We believe intelligence should be something available to all Americans. That’s our concern with talk about regulating AI right now, it feels like a ploy for regulatory capture.
But what about national policy on AI data centers? Does your think tank support the national legislature doing a federal data center bill or is that something best for localities or states?
It depends on the bill. Are you talking about Sen. Bernie Sanders’ national moratorium?
The administration told a federal court that it has a “new analytical methodology,” hence the continued delays.
A federal judge ruled in early August that the Trump administration’s freeze on vertical height clearances for wind turbines was likely illegal. More than a month later nearly all of the wind energy projects remain on pause, as federal officials add new red tape that industry representatives say runs afoul of the court’s edict.
Let’s catch-up quickly on the American wind sector’s existential dilemma: the federal government has control over airspace higher than 200 feet from the ground and wind farm turbines essentially always enter that sphere of control. For at least a year and a half, the Trump administration through the Department of Defense and the Federal Aviation Administration has slowly gummed up what industry and former government officials have said was once a rote, benign bureaucratic process for ensuring turbine rotation didn’t interfere with flight patterns or radar at nearby airports.
So, Trump is delaying key approvals even for wind projects on private land, a worst-case scenario for the industry during his presidency. With support from their respective trade groups, many project developers sued and in August won a preliminary injunction against this de-facto national wind energy freeze. The court ruling said federal law laid out clear deadlines for completing these airspace reviews and the administration was willfully missing them.
“[In] light of DoD’s review freeze that started a year ago and still has no end in sight, the wind developers would naturally look to the same deadlines for relief,” U.S. District Judge Karin Immergut wrote, stating the administration’s pause violated the Administrative Procedures Act. Immergut also said the Trump administration potentially violated the law by reviewing projects under a new national security “methodology” that was defined by Congress.
But on Thursday, in its first update to the court since the ruling, the Justice Department laid out how essentially all projects remain at a standstill because they were adopting a new kind of comprehensive review process.
The administration claimed that “as a matter of policy” it had “resumed processing wind energy project applications,” but it only described a single instance where a company had heard from the military about moving forward. In addition, that company as well as all others affected by the freeze would still face a “new analytical methodology” for federal agencies reviewing height clearances for all projects, which appears to fly in the face of the ruling. The Justice Department did not provide any more detail about the methodology in its status update to the court.
Nicole Hughes, executive director of lead plaintiff Renewable Northwest, asserted in an interview Tuesday that the agency isn’t complying with the court order. “It appears to me they’re still stalling,” Hughes told me, adding the federal government’s reluctance to proceed is creating “a pretty high risk” for developers of any new wind projects in the United States. She said if nothing changes in the short term, they’re going to “have to go back to the judge and ask for further clarification as to what it means to comply with this order.”
“The lack of compliance by the administration does put into question the credibility [of the courts] and what pieces hold their feet to the fire? What remedies do we have? There’s never been a time an administration flaunts a judge’s orders the way the administration is.”
The Justice Department status update described a multitude of wind energy projects impacted by the freeze. At least 30 projects apparently already signed deals proposed by the military to mitigate radar impacts and were awaiting a counter-signature from the Department of Defense (which Trump calls the Department of War or DoW). Those previous legal agreements are now at risk of being thrown out, according to the Justice Department filing. The new pathway forward for them apparently is: “DoW will either (i) provide a notice that the project presents an unacceptable risk to national security, (ii) re-engage in negotiations with the developer to attempt to ameliorate any unacceptable risks, or (iii) circulate to the project proponent [a] new model mitigation agreement.”
At least 110 projects were in the middle of discussions with the federal government about mitigating airspace impacts when the injunction came down, according to the DOJ filing, which says none of them have heard from officials since the injunction. “As of this filing, developer re-engagements have yet to begin because such discussions need to be informed by the analytical results. Given the number of projects in this category, DoW has been assessing how to resume review and engagement with the developers.”
The DOJ said another 50 projects awaiting initial meetings with the federal government about airspace risk will begin once the administration “finishes with those” 110 projects that were in the middle of the process. That waiting list will also include another at least 40 projects the Justice Department said received “presumed risk” airspace notices from the federal government.
We’ve seen the Trump administration use extralegal means to delay wind energy before, but never to this extent or after a judge ruled against them. The Interior Department had been freezing wind and solar projects on federal lands under a policy requiring Secretary Doug Burgum sign off on routine approvals, but those typical government processes seem like they’ve resumed after a different federal court ruling enjoining that policy.
American Clean Power, the largest utility-scale solar and wind energy trade group, declined to comment. The Department of Defense did not respond to a request for comment.