Can anyone really stop the AI data center boom? What could happen next now that voters have spoken

Election Day signaled that Americans had strong feelings about the rapid expansion of AI data centers. The newly elected legislators are now tasked with curbing the growth of this industry, and they have more tools at their disposal than one might think. Mandy DeRoche, director of emerging issues at Earthjustice, noted that ballot measures in 10 states overwhelmingly rejected data center projects, calling for public approval, restricting electricity use, and linking financial incentives to tax benefits.

The outcome of these elections could reshape the future of data centers, as 41% of planned data center developments now have governors backing moratoria. Developers have had a history of keeping information about their projects under wraps and evading regulations, but activists remain optimistic. Sarah Friedman, co-founder of Better Data Center Project, noted that the movement against data centers has created new alliances and raised public awareness.

On the state level, lawmakers can ensure that project information is publicly accessible and encourage community engagement. For projects that generate their own power, legislators can require clean energy that meets new, near-term, and now standards. Additionally, they can mandate thorough environmental reviews that examine the cumulative impact and electricity generation of these data centers.

State legislators can also repeal tax incentives for data centers, which have cost municipalities billions of dollars, and require developers to cover decommissioning and any necessary grid infrastructure.

The new Democratic commissioners in Texas Railroad Commission and the District Attorney who supports local involvement in data projects could further rein in the industry. Congress also has the power to establish safeguards around data center development on public lands and require greater transparency regarding energy, water, and overall emissions.