Artificial intelligence (AI) data centers are bypassing water pollution permits and air pollution permitting requirements, according to an investigation reported by Children’s Health Defense (CHD).
The CHD report titled “Cheating the System” details how developers have exploited legal loopholes, following a May 2023 Supreme Court ruling that limited Clean Water Act jurisdiction to wetlands with a continuous surface connection to navigable waters. Many data centers now fall outside Environmental Protection Agency (EPA) jurisdiction or qualify for streamlined nationwide permits that require minimal review, the investigation found. [1]
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