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Almost every community fighting a data center this year has reached for the same tool: a moratorium. A pause. Time to study it. One Kentucky county skipped that step entirely and made the answer permanent — before a single developer had even knocked. That instinct, to decide now rather than wait and see, turned up all week: in a California courtroom that stopped the state's largest data center cold, in an Ohio city racing its own voters, and in a New Mexico desert where residents found out about a 300-megawatt project from a legal notice. Here's what actually happened.

COMMUNITY — The Woodford County Fiscal Court in Kentucky passed an ordinance permanently banning the construction of data centers, landfills and large battery storage systems within the county. The vote was unanimous. It is the first Kentucky county to enact a permanent ban rather than a temporary moratorium, and among only about a dozen local governments nationwide to do so this year, according to a National League of Cities tracker. Democratic Judge-Executive James Kay told the court the county has "a finite, irreplaceable amount of land," adding that its rolling pastures and historic farms "are not just scenic views. They are the backbone of our economy." No developer had proposed a project in the county; Kay said residents were universally opposed, so the court chose to act preemptively rather than write regulations developers might find loopholes in. Woodford County is the 14th smallest county in Kentucky by area but holds some of its most valuable Thoroughbred horse farms. Versailles, the county seat, had already passed a temporary moratorium in July. The Data Center Coalition's Dan Diorio called for communities to "work with the industry and all stakeholders to establish reasonable regulatory frameworks."

⚖️ LEGAL — An Imperial County Superior Court judge overturned the approval of what would have been California's largest data center complex — nearly one million square feet — and ordered a

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Transcript
00:00Most places hitting the brakes on data centers call it a pause.
00:04One Kentucky county just skipped that step entirely and made it permanent, a flat.
00:10Outright ban.
00:12Passed unanimously.
00:13Before a single developer had even pitched a project there.
00:17And from a California courtroom to a 300 megawatt proposal in the New Mexico desert that.
00:24Residents found out about by accident.
00:26The line between pause and never is getting a lot thinner.
00:31We start in Woodford County, Kentucky.
00:35Where the fiscal court did something almost no local government in America has done.
00:41Instead of a moratorium.
00:43It passed a permanent ban, outlawing data centers.
00:47Landfills and large battery storage outright.
00:50The vote was unanimous.
00:52Judge executive James Kaye told the court afterward that the county has a finite, irreplaceable amount of land.
01:00And that its rolling pastures and historic horse farms are not just scenic views.
01:05They are the backbone of the local economy.
01:08What makes this striking is that no developer had even pitched a project there yet.
01:14Kaye said residents were universally opposed.
01:17So the county chose to get ahead of it rather than write rules a developer might find a loophole in.
01:23According to the National League of Cities.
01:26Only about a dozen local governments nationwide have enacted permanent bans this year.
01:33That same refusal to wait is now showing up in court.
01:37With far more expensive consequences.
01:39In Imperial County, California, a superior court judge has overturned the approval of what would have been the largest data
01:48center.
01:49Complex in the state, nearly 1 million square feet.
01:53Judge Brooks Anderholt ruled that the county prejudicially abused its discretion by approving a lot.
02:00Merger without first completing the environmental review that California law requires for the.
02:06Project as a whole.
02:08The Sierra Club's attorney called it classic segmentation.
02:12Breaking a project into small pieces and approving them one at a time to avoid scrutiny.
02:18Lawyers involved say the decision forces county planners to restart the approval process from.
02:25Scratch.
02:26The developer.
02:27Sebastian Rucci.
02:29Says he will appeal.
02:31Pointing to $12 million a year in projected tax revenue for one of California's poorest.
02:37Counties.
02:39In Ohio.
02:41A city is now effectively raising its own residents.
02:45Trenton City Council has placed a charter amendment banning data centers on the November 3rd.
02:51Ballot.
02:52But only after the Ohio Supreme Court ordered it to.
02:55Following a dispute in which the council's reading of a single word in the city charter raised the.
03:01Petition signature requirement from 128 to 820.
03:07At the same time.
03:09Trenton is trying to annex 601 acres from two neighboring townships for a $5 billion Amazon Web Services campus.
03:18Madison and St. Clair townships have both formally objected.
03:23Citing traffic and road maintenance with no written agreement in place.
03:27Butler County commissioners hold a hearing on that annexation September 15th.
03:33And here is the catch.
03:34If the land stays in the townships.
03:37The voters ban would not apply to it at all.
03:41Some communities do not get even that much warning.
03:44In Grant County, New Mexico, residents found out about a major data center proposal from a legal notice.
03:52A company called Site Layer 1, whose only listed address is an office floor in Manhattan, wants.
04:00To build a natural gas-powered facility on private land near Playa's.
04:05At the county's southern tip, the numbers in that notice are the story.
04:1032 gas-fired engines producing about 300 megawatts combined.
04:15Consuming roughly 2.3 million cubic feet of natural gas every hour.
04:21Projected emissions run to nearly 1.3 million tons of greenhouse gases a year.
04:27Comparable to 300,000 cars.
04:30Water was not addressed in the notice at all.
04:33Though experts estimate the site could draw up to 6,500 acre-feet from the Hechita Basin.
04:40A one-year moratorium goes before county commissioners September 24th.
04:46The demand driving all of this is not slowing down.
04:50It is accelerating on a scale that is.
04:53Genuinely hard to picture.
04:55Microsoft has laid out a plan to more than triple the capacity of its global data center network.
05:01Going from roughly 12 gigawatts today to more than 38 gigawatts by 2032.
05:08That is an addition of about 26 gigawatts of computing capacity in under 7 years, more.
05:16Electricity than many entire countries generate.
05:19And Microsoft is one company.
05:21The Energy Information Administration expects total U.S. electricity consumption to set records in
05:28both 2026 and 2027.
05:32Climbing past 4,300 billion kilowatt hours.
05:36Every one of the local fights in this briefing is
05:39underneath the same argument.
05:42Where those gigawatts are going to land?
05:45And who pays to deliver them?
05:48Which brings us to the timing problem facing local officials everywhere.
05:53In Lake County, Illinois, the county board approved an eight-month moratorium on data center development
06:00in unincorporated areas after receiving more than 1,200 public comments.
06:06One board member framed the vote simply.
06:09We choose our citizens.
06:10But the pause arrived after the decision that actually mattered.
06:14It does not touch the $18 billion T5 campus in Grayslake.
06:19Because the village approved that project at the municipal level, as much as 472 acres,
06:2818 buildings, roughly 10 million square feet, Grayslake has already issued the first building
06:34permit for an 800,000-square-foot facility.
06:38And construction can begin immediately.
06:41Nine residents and a community group sued in July to stop it.
06:46The developer separately suspended its own request to fill nearly 16 acres of wetlands at the
06:52site.
06:54Not every community is saying no.
06:57Some are saying yes.
06:58But strictly on their own terms in Kearney, Nebraska,
07:02The city council unanimously approved a project called Horizon, expanding an existing cryptocurrency
07:10facility into a 368-megawatt data center that will use up to 5 million gallons of water annually.
07:18What makes the approval notable is the sequence.
07:21Before voting, the council adopted 10 pages of new regulations covering water efficiency,
07:29noise limits and conditional use review, and then applied those rules to the project in front of
07:35them.
07:36The developers agreed to add sound deadening walls to address existing complaints about
07:41humming.
07:42From the current site, it is a template a lot of mid-sized cities are watching closely.
07:48Write the rules first.
07:50Approve the project against them.
07:52Instead of negotiating the rules after the concrete has already been poured.
07:58And the money behind all of this is still moving faster than the rules meant to govern it.
08:04In Festus, Missouri, the city council voted 5-2 to annex three more parcels tied to a $6 billion
08:14hyperscale campus being developed by CRG, a project already spanning more than 360 acres.
08:22The timing was not accidental.
08:24The annexation was finalized just before a new state law restricting annexations in
08:30Jefferson County took effect, locking in the city's control of the land before the window
08:36closed.
08:37Neighboring Crystal City has now sued over those same restrictions.
08:42It is a small illustration of a much larger pattern this year.
08:47Developers and the cities that want them are increasingly moving on a calendar set by pending
08:53legislation rather than by ordinary planning cycles.
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