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Trump Plan Exempts AI Data Centers From Environmental Reviews

Agencies are dropping draft impact statements following CEQ’s withdrawal of greenhouse gas guidance to fast-track AI infrastructure approvals.

FILE - Amazon Web Services data center is visible on Aug. 22, 2024, in Boardman, Ore. (AP Photo/Jenny Kane, File)
FILE - Joan Lutz, of Boulder, Colo., waves a placard at a rally of advocates to voice opposition to efforts by the Trump administration to weaken the National Environmental Policy Act, which is the country's bedrock law aimed at protecting the environment, on Feb. 11, 2020, in Denver. (AP Photo/David Zalubowski)

Overview

  • The AI Action Plan grants categorical exclusions for data centers and related facilities, allowing projects to bypass detailed NEPA assessments.
  • The White House Council on Environmental Quality has rescinded Biden-era guidance that required agencies to consider greenhouse gas emissions in their environmental reviews.
  • Under a recent executive order, several federal agencies have begun scrapping draft environmental impact statements, curtailing opportunities for public comment.
  • Industry groups praise the changes as a remedy for lengthy permitting delays, while environmental advocates warn that eliminating NEPA safeguards will weaken scientific scrutiny and community participation.
  • Legal experts anticipate challenges in court, pointing to a May Supreme Court decision that narrowed NEPA’s scope and to overlapping environmental statutes that still mandate coordinated reviews.