There are at the moment greater than 50 issued nationwide 404 permits—a few of which nonetheless require pre-construction notifications—that are renewed as soon as each 5 years. A lot of these exemptions are for agricultural actions, like cranberry harvesting and establishing ponds for farms, or ecosystem and scientific providers like surveying and soil upkeep. Some forms of coal mining and oil and gasoline exercise are additionally included in this system.
Buildings like shops, eating places, hospitals, and colleges at the moment have their very own nationwide allow, which some information facilities fall below. Nonetheless, the allow requires a extra in-depth, particular person evaluation if the undertaking impacts greater than half an acre of protected water.
The DCC in its March remark beneficial the creation of a nationwide allow with “strong notification and protection thresholds” and argued that “prolonged timelines for the approvals are usually not in step with different nationwide permits which have larger or no limits or have a threshold the place a PCN isn’t wanted, which permits quick motion.” Meta, which has introduced its intent to construct huge information facilities throughout a number of states and is at the moment creating a 2,250-acre information middle in Louisiana, additionally requested for a nationwide allow in its remark and advised that the federal authorities additional “streamline” the 404 allowing course of.
Meta’s chief international affairs officer Joel Kaplan posted on X final week that the AI Motion Plan “is a daring step to create the best regulatory surroundings for corporations like ours to put money into America,” and that Meta is “investing a whole bunch of billions of {dollars} in job-creating infrastructure throughout the US, together with state-of-the-art information facilities.” Meta declined to remark additional for this text by way of a spokesperson.
Environmental legal professionals aren’t so certain {that a} nationwide allow for information facilities, no matter their measurement, would observe the intent of the Clear Water Act. “What makes [a blanket data center exemption] a bit of bit tough is that the impacts are gonna differ fairly a bit relying on the place these are,” McElfish says. Whereas one information middle might affect only a “fraction of an acre,” he says, by rebuilding a stream crossing or filling in a wetland, different information facilities in numerous areas of the nation might have a lot bigger impacts to native waterways throughout their development.
Hannah Connor, a senior legal professional on the Heart for Organic Range, agrees. “What we’re seeing right here is an try and increase the 404 nationwide allowing program in order that it goes by way of this a lot lowered regulatory evaluate outdoors of the intention of why [the permitting] program was created,” she says. “There’s a lot lowered regulatory evaluate to form of actually pace alongside the paving of wetlands.”
There are some information middle tasks in improvement right now which have run into important points with federally protected waters. In Indiana, Amazon is at the moment galvanizing native opposition because it makes an attempt to fill in almost 10 acres of wetland and greater than 5,000 streams to construct an enormous information middle. In Alabama, environmentalists warning that the water footprint from a proposed information middle might have severe impacts on native waterways and trigger the potential extinction of a species of fish.
