The National Security Label Nobody Is Using Anymore
The label meant to clear the way for AI data centers has been abandoned by the governors and CEOs it was designed to protect — leaving the president as its only defender and a lawsuit as the real path to approval.
In Saline Township, Michigan, the $16 billion Stargate data center did not get built because Washington declared it critical infrastructure. It got built because the developers sued the township board to overturn a rezoning denial, and the two sides reached a consent judgment carrying $14 million in community benefits [1]. The national security designation that was supposed to make local consent unnecessary played no part in the settlement. The project rose the old-fashioned way: under the threat of a lawsuit, with a check attached. That is now the actual mechanism of the AI buildout — and it is the opposite of the one the administration designed. Last July, the president designated data centers critical national security infrastructure to clear the path [2]. The label was meant to end the town-hall fights. Instead, the people who were supposed to carry it have dropped it. Start with Texas. Governor Greg Abbott, who once welcomed a $40 billion Google investment, has now halted roughly 1,800 data center projects and ordered an audit of pending grid connections [3]. His explanation puts the blame on the industry itself.
they have not been working with the state and they have not been working in collaboration with local governments, so they basically dug their own graves for the problems that have been caused by them and that's why they got the backlash they deserve — Greg Abbott
Abbott's attorney general, Ken Paxton — a Republican running for Senate — went further, releasing a four-point plan to regulate data centers that includes repealing their sales tax exemptions and creating criminal liability for AI chatbot harms [4]. This is a Republican state government building the consent wall against a Republican president, who answered from Washington.
any community that turns down AI is making a big mistake because your taxes are going to go way down. — Donald Trump
The industry has already stopped pretending the label will save it. Nvidia's Jensen Huang, whose chips fill these buildings, framed community consent as the binding constraint on the entire buildout [5].
The technology industry, the builders, and, have to do a much better job working with the communities to get prepared for this AI infrastructure build-out. — Jensen Huang
Otherwise, we're going to get left behind. — Jensen Huang
That second sentence is the concession that matters. Not compute, not capital — consent. Sam Altman has traveled the same arc in a matter of weeks. In early August he was still defending the facilities on efficiency grounds.
People said we were using an unacceptable amount of power, and with these upgraded facilities that require so much more of it, we’ve shown that we took those criticisms to heart. — Sam Altman
By late August the defense was gone.
Clearly, people hate data centers—right now, at least. — Sam Altman
OpenAI's answer is no longer the national security frame but community benefits — Codex credits for students in Ohio, Georgia, and Michigan [6]. The strategy has shifted from preemption to payment. Which leaves the president as the last person still defending a label his own coalition has discarded. The mechanism that actually determines whether a data center rises is the one on display in Saline Township: a community benefits agreement negotiated under the threat of a lawsuit. That is precisely the thing the designation was supposed to make unnecessary.
- 1. New York Bans AI Data Centers as Michigan Project Begins
- 2. Trump Designates Data Centers as Critical National Security Infrastructure
- 3. Texas Halts 1,800 AI Data Center Projects Amid Backlash
- 4. Ken Paxton Unveils Plan to Regulate Texas Data Centers
- 5. Nvidia CEO Urges Community Ties as Texas Halts Data Centers
- 6. Texas Governor and OpenAI CEO Acknowledge AI Data Center Backlash