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POLITICS · SEP 5, 2026

Washington Pulled Every Lever. The Backlash Learned to Campaign.

Preemption, deregulation, lawsuits — each federal attempt to force AI data centers past local opposition came back larger than before, and the resistance is now running for office.

In December, a draft executive order leaked with a title that left nothing to interpretation: "Eliminating State Law Obstruction of National AI Policy." It would have directed the Justice Department to challenge state and local AI laws and told the Commerce Department to withhold broadband funding from jurisdictions that refused to fall in line. It never went out. The people who stopped it were not Democrats — they were Josh Hawley and Marsha Blackburn in the Senate, Marjorie Taylor Greene and Chip Roy in the House [1].

nobody will ever be able to compete with America — Donald Trump

The president's own party blocked his own lever. Washington did not stop trying. The next lever was deregulation. This summer the EPA eased its Acid Rain Program rules for "islanded" power plants — facilities that generate their own electricity off the public grid — and stripped out public-notice requirements, explicitly framing the move as a countermeasure to state restrictions [2]. The idea was to let developers build their own power and skip the local utility board entirely. Instead, Maryland, Pennsylvania, and Texas tightened their own controls in the same stretch [2]. Maryland's governor, Wes Moore, a Democrat who has welcomed development, put the principle plainly.

You cannot just big foot a local jurisdiction. — Wes Moore

Loosening the rules at the top produced stricter rules below. Then came litigation. In April the Justice Department joined xAI's lawsuit to strike down Colorado's AI consumer-protection law, with the assistant attorney general framing state AI rules as ideological [3]. The suit was meant to advance preemption through the courts. What it produced was the opposite: more than 250 state lawmakers organized to defend state AI laws in California, New York, and Illinois [4]. A legal filing became a recruiting drive for the other side. By now the fight has left the regulatory arena altogether. Three in four Americans say they oppose a data center in their community, and more than 500 jurisdictions have passed bans or moratoriums blocking roughly $130 billion in projects [5]. The backlash is running for office. Sherrod Brown is spending millions on ads attacking data center proliferation in Ohio's Senate race [5]. In Michigan's Democratic Senate primary, Abdul El-Sayed is running against the AI-booster wing of his own party on exactly this question.

Too often local communities just don’t have the capacity to withstand the pressure that huge corporations can put on them. — Abdul El-Sayed

Even Greg Abbott, the Texas governor who once pitched his state as the AI epicenter, has reversed course and now blames the industry for its own troubles [6]. Washington has run out of levers. The preemption order was withdrawn, the deregulation backfired, the lawsuit recruited the opposition. The resistance those levers activated has learned to campaign, and it is running for office.


Sources
  1. 1. Donald Trump Seeks Federal Preemption of State AI Laws
  2. 2. EPA Eases Rules as States Block AI Data Centers
  3. 3. Justice Department Joins xAI Lawsuit Against Colorado AI Law
  4. 4. U.S. Pursues Federal AI Framework Amid State Resistance
  5. 5. Bipartisan Backlash Blocks $130 Billion in AI Data Centers
  6. 6. Texas Governor and OpenAI CEO Acknowledge AI Data Center Backlash

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