Part of this effort is to reduce the public’s ability to have a say in the environmental impact of these highly polluting facilities. Trump has claimed that they will result in lower electricity costs, more local jobs, and community benefits, all with little proof.

Since then, Zeldin has announced several initiatives, all of which would decrease or end the ability of the public to have a say on data centers in their backyards.

In September 2025, Zeldin said the EPA is considering a nationwide Clean Water Act Section 404 permit for data centers “that would eliminate pre-construction notification requirements for development sites.” This would remove the requirement that data center developers notify local officials and citizens about a possible center, thus making it easier for them to fly under the radar. In May 2026, the EPA proposed to allow developers of massive data centers to begin actual site clearing and some construction prior to obtaining an air permit. This would mean that data center construction could start before meaningful public review and comment on the project, which are typically required before a project starts construction.

Most air permitting required by federal law is actually done by states and localities with EPA oversight. In July, the EPA proposed to allow implementing states and localities to no longer require public participation when considering certain air permit applications, including gas and diesel generators serving data centers. Again, the agency is seeking to exclude citizens from any meaningful chance to have a say in the environmental impacts of these projects. 

The EPA’s efforts to support data centers also extend to the power plants being built to supply energy to them. The EPA just announced that it does not believe certain air pollution programs apply to power generation facilities that only supply power to a designated facility, such as a data center. This move would remove another chance for the public to learn about and have a say in the creation of pollution in their backyards.

OVER 70% OF PEOPLE HATE LOCAL AI DATA CENTERS. POLITICIANS JUST LEARNED THE HARD WAY

While the EPA has been making every effort to reduce the opportunity for public input and meaningful review of data centers, it has bent over backward to aid data center developers to “speed up the ability to build data centers and the necessary backup generation.” It launched the “Clean Air Resources for Data Centers” webpage so that “infrastructure developers can move more confidently and quickly.” It makes the EPA’s Air Office staff available to help data center developers and local authorities to “exercise discretion and flexibilities in the permitting processes.” 

The recent groundswell in public concern across the political spectrum about data centers demonstrates grassroots democracy in action. Regardless of your political leanings, the ability of the public to learn about and have a say in what happens in their communities is the bedrock of the American ideal of individual autonomy and power over our own property and well-being. If we are going to have to live near an air, water, or noise pollution source, we should at least know about it and have a chance for our voices to be heard. The EPA should be a champion of clean air and water and the public’s right to be heard, not of data center developers. 

Scott Schang is director of The Environmental Law and Policy Clinic and professor of practice at Wake Forest University School of Law