14 states are considering legislation to block construction of AI data centers

Sam Altman, Co-Founder and CEO of OpenAI, at a talk in Berlin on 7-2-25
When I get asked why I’m anti-AI, I’ve taken to leading off with, “Because it’s an environmental disaster.” For one, it throws people off guard who were spoiling for an ideological fight over the existential question of whether we’re blithely ceding ownership of the very thing that makes us human: creativity. (Answer: yes, we are.) But perhaps more importantly, it feels like an under-discussed component of the AI boom. Part of that is evident in the way AI companies have stealthily and surreptitiously been setting up massive data centers across the country, before most of us even knew what an AI data center was (hi, it’s me, I’m “most of us”). The data centers are what enable AI to operate as the great constantly needs to be fact-checked time-saving tool that it is. And these centers require A LOT of electricity and water to run. They’re a huge drain on resources and have multiplied with next to no regulations. Except some states are starting to say, “Not so fast!” The National Conference of State Legislatures (NCSL) says that 14 states are considering bans — or at least moratoriums — on data centers. From Newsweek:

The ongoing efforts to limit the proliferation of data centers include proposals to block their construction throughout Georgia through 2028 and a moratorium on larger facilities in Maine until late 2027, which was recently vetoed, according to NCSL data. Other similar attempts have failed thus far in Oklahoma, Minnesota and New Hampshire, among other states.

Measures have also been introduced in South Carolina seeking to forbid local approval of data centers until legislators adopt a comprehensive oversight framework in the state, while lawmakers in Pennsylvania want a three-year moratorium on new data centers to be accompanied by impact studies, according to NCSL, which tracks the efforts.

More than 3,000 data centers are already operating throughout the United States, with more than 1,500 new facilities in various stages of construction, according to the Pew Research Center.

The majority of the planned data centers are located in rural areas, particularly through the South and Midwest, while 87 percent of existing facilities are housed in urban settings, according to the Washington-based think tank.

As of April, Virginia and Texas had the most operating data centers in the U.S., followed by California, Ohio and New York, Pew researchers found.

Several proposed or under-construction facilities are located directly above or adjacent to the Ogallala Aquifer, a groundwater system that underpins much of America’s agricultural production. Construction at a proposed 438-acre site in Texas near Odessa is expected to begin next year, while Microsoft announced plans in April to buy roughly 3,200 additional acres in Wyoming to expand data centers there.

Other major proposed data centers near the aquifer include facilities in Natrona County, Wyoming and in San Angelo, Texas.

The Ogallala Aquifer, which spans beneath eight states, remains one of the most important groundwater resources in North America. Water losses in some subregions have been sustained for decades, with depletion rates “reaching over 100,000 acre-feet per year and nearly 27 percent of stored water already gone in some places,” researchers previously said.

“Unlike surface reservoirs, the aquifer recharges extremely slowly,” Colorado State University electrical and computer engineering professor Sudeep Pasricha told Newsweek on Sunday, adding that recharge rates in parts of the Great Plains often total less than an inch per year, far less than the amount taken for irrigation.

That lost water could take “centuries to millenia in some areas” to return, Pasricha said.

[From Newsweek]

Ugh, this is the last thing the Ogallala Aquifer needs! I propose legislators draft a law that says if humans have depleted a natural resource to the brink of extinction through one bit of technology — in Ogallala’s case, the center-pivot-irrigator — then we lose the right to destroy the resource with a second bit of tech. That’s only fair, yes? And at least with the center-pivot-irrigator, it was originally deployed to help out farmers. What, pray tell, is the noble cause of AI? So you don’t have to write a job-related thank you note yourself? So you can direct a movie without actors or crew getting in the way? Puh-lease. It’s been the Wild West with the proliferation of these AI data centers, time for the sheriff to come to town. And somewhere in that metaphor is environmental legal activist Erin Brockovich, who just last month launched an interactive map for us citizens to report on any and all centers rumored, being built, or already up and running… the wells dry.

The 14 states proposing bans are: Georgia, Maine, Maryland, Michigan, Minnesota, New Hampshire, New York, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont, Virginia, and Wisconsin.

Sam Altman at the 12th Annual Breakthrough Prize Ceremony 2026 held at the Barker Hangar on April 18, 2026 in Santa Monica, Los Angeles, California,

Photos credit: Image Press Agency/Image Press Agency/Avalon, IMAGO/Jens Schicke/Avalon

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21 Responses to “14 states are considering legislation to block construction of AI data centers”

  1. Amy T says:

    A data center proposed at a former Wal-Mart in Milwaukee’s Central City was killed once residents got wind of it, but they had to act loudly and fast to make that happen. Environmental racism is real, and these data centers are going to pop up wherever people aren’t paying attention and corrupt officials get in bed with the companies building them. It’s the new fracking.

    • BeanieBean says:

      Exactly! I know if any of these data centers get federal money that should mean the NEPA process is followed, which has a required environmental justice component. Or at least it did until the trumpians started ignoring all those silly federal environmental laws. 🙄😡

  2. Sarah says:

    Good job to those four states. The one in Utah seems to be killed and cost every elected official their job. People don’t want this, and I wish California would join that list. How we can constantly be in a drought and then allow a data center is beyond comprehension for me.

    And AI is destroying people’s ability to reason. I mean yesterday I sat in a meeting and the presenter was going on and on about how our VP put these results through AI to get a reading. And as he was doing that all I could think was our VP doesn’t have the intelligence to get that by looking at the results? She can’t read data?

    • Emcee3 says:

      Texas should come w/ a disclaimer: Gov Abbott is calling for a data center development ban in *rural areas*. He’s been pro-data center up until this point, & needs those rural area votes for the November election to keep his post. If he wins, I have no doubt he will greenlight data center development closer to urban (D) areas, especially those (D) districts that were re-drawn/gerrymandered @ Trump’s request.

      If you’re not tuned in to A More Perfect Union on YT, check out this recent reporting on Peter Thiel & the history of starting non-profits & backing others promoting the idea of replacing democratic processes in the hands of the public with technology controlled by the hands of the few. Currently there are VCs investing/beta testing their Libertopias in Central/SouthAmerica. And in the US, there is lobbying to create Maritime Prosperity Zones: A plan to sell federal & public land to private companies to build low-regulation, low tax havens “for progress”.

      https://www.youtube.com/watch?v=6iLf2h_fo-w
      It’s clocks in just under 15min, & Ghislaine Maxwell has a cameo @ the 4:18mark where she tells an audience “I’m going to leverage technology to create a new country. And yes, I did say country, not company.”

  3. Harla says:

    Until AI can clean my house and grocery shop for me, so that I can do the creative things that I love, I’m not interested.

  4. bisynaptic says:

    I wish my state (CA) were among them.

  5. Mab says:

    Bees and other wildlife have been shown to completely avoid areas around data centers. Combine that with the water guzzling, we don’t need them.

  6. Kitten says:

    I am absolutely disgusted (but not surprised at all) that Gov Maura Healey does not want MA on this list. On the contrary, she is welcoming AI with open arms, allowing Markley to build the largest data center in the state in Lowell, MA. And you’ll never believe this guys but Lowell is NOT one of the wealthiest towns in MA.
    I know I bitch about her endlessly on this site but my GOD does Massachusetts deserve better smdh..

    I am proud of the other states who are saying NO to AI.

    • SIde Eye says:

      Bitch away because you DO deserve better! Gov. Healey is frigging awful. Such a contrast to Boston Mayor Michelle Wu who is amazing. I’ve been to Lowell, MA. It’s a small town, there are schools there and hockey rinks. When I heard about this project I was seeing red. Wtf.

    • Little Red says:

      My friend up in MA was complaining about Healey again. I looked it up and looks like Healey is running unopposed in the Democratic primary. She’s of the opinion that Healey has really pissed off a lot of people and that a Republican is very likely to get in this November.

  7. SIde Eye says:

    Thank you for naming all 14 states! This is what is going to cause Mark Carney to lose my vote here in Canada. He is not firm on data centers and has even partnered with Palantir, which is hugely disappointing cause I loved him. Wab Kinew would have my vote if he ever ran for PM. He seems to be the one who is most aware of the harm data centers cause.

    Data centers are causing droughts, killing bees (if the bees go instinct so do we), harming wildlife, and poisoning the water supply. They also cause cancer. Not to mention the noise pollution of them would drive anyone insane, and they bring down property values.

    They have pushed data centers and AI on us like they are inevitable. They aren’t! We have survived this long without cats rollerskating videos. We don’t need AI! There’s a guy on Instagram who points out how incorrect AI is through hilarious videos. His name is husk.irl I recommend his page.

  8. WaterisLife says:

    We will be seeing more environmental racism as AI centers are built. That’s a fact. We can bet on these centers going into low income areas, where people are alreading struggling with all the bs that is life and politics.

    I know this to be true because many, many AI pushing businesses are currently approaching Native American Tribes and hoping to use our lands for this shit. We already fight the government to keep our lands safe and healthy. Now we have to watch out for these enviromental sharks who don’t give a damn about our lives or any land in this country, just profits. My great, great grandchildren won’t have a chance.

  9. manda says:

    I think a lot of people (“most of us”, ha!) don’t know where our water comes from. I live in Southern Maryland and we get a water report every year, but I asked a friend of mine from northern virginia where his water comes from and he had no idea! I worry about our aquifer sometimes. Our county has been considering data centers, I have to look up what happened with that. Blows my mind that a state that cares SO MUCH about the preservation of the Chesapeake Bay would even consider allowing data centers

  10. ChillinginDC says:

    People in VA are sick of the data centers and I don’t even understand why they need to take over every square inch of the US which is what they want to do.

  11. death by bacon says:

    Henrico County, VA has 37 and 17 planned. I can’t. Electricity costs being driven up, environmental damage, mental and physical health damage.💔

    We must get engaged civically.

  12. alexc says:

    I’ve worked in IT since 1995 in San Francisco/Silicon Valley. I’ve dealt with Google and Microsoft first hand. I can tell you without a doubt these companies are now run by sociopathic, greedy a-holes who DO NOT care what their actions wrought, in the present or for future generations. I’m old enough to remember when technology was going to be a force for good and it was also actually fun and exciting to be in the industry. It’s truly awful now and these companies must be controlled and their power neutralized or it will only get worse.

  13. Olenna says:

    I’m reading Pennsylvania with trepidation since the governor is pro data center. Upper Merion township just fought off a proposed one for now…

  14. GrnieWnie says:

    California, the state having constant water wars with Nevada, the state with continuous drought and routine fire season, has the most data centres?

  15. BeanieBean says:

    Good! I know Oregon recently stopped a proposal for an AI-data center. I hope more western states do this, they don’t have enough water to spare. Also, I just learned my credit union is using AI somehow for its website. I’m currently composing a ‘what on earth were you thinking?’ letter to them, and since I write without use of AI, it will be accurate & non-plagiarized.

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