PendingUtility & power· Dec 2026
Meta HyperionLouisiana · State
Louisiana Public Service Commission
Entergy’s request for seven more gas plants (about 5.3 GW) for the expansion awaits a commission decision expected in December 2026.
Public record
Votes, tax breaks, permits, water allocations and lawsuits involving AI data centers.
Covers the largest projects so far. Not a complete list.
27 of 27
FiledLawsuit· Nov 9, 2026
Meta HyperionBaton Rouge, LA · State
State district court, Baton Rouge
Landowners and advocacy groups challenge the commission's fast-track approval process for the power projects.
AllocationWater· Nov 5, 2026
Colossus 1 (Memphis)Memphis, TN · Utility
Memphis Light, Gas and Water
Water allocation of up to 1.28 million gallons per day; usage has not reached the cap. A pledged $80M wastewater recycling plant has been on hold since April 2026.
AllocationWater· Nov 5, 2026
Meta Lebanon, INLebanon, IN · Utility
Meta's counsel (per CNBC)
Water allocation could ramp to 8 million gallons/day by 2031; Meta says closed-loop cooling uses zero water most of the year.
AdoptedPolicy· Oct 26, 2026
Countywide policyMadison County, IL · County
Madison County Board
Enterprise zone rules amended to exclude data centers from state incentives.
Approved, suedTax incentive· Oct 13, 2026
Project Red ClayLowndes County, AL · County
Lowndes County Commission (3–2)
20-year abatement halving non-school county taxes. Two residents sued the commission on Oct. 18, 2026.
AdoptedPolicy· Oct 13, 2026
Countywide policyChampaign County, IL · County
Champaign County Board (unanimous)
Resolution prohibiting tax abatements for hyperscale data centers.
Notice authorizedUtility & power· Oct 2026
OpenAI Stargate New Mexico (Project Jupiter)Doña Ana County, NM · County
Doña Ana County Commission (unanimous)
Commissioners authorized notice of a potential breach of the bond agreements over the proposed power-generation plan. No breach was declared.
RedirectedTax incentive· Sep 29, 2026
Microsoft Fairwater WisconsinMount Pleasant, WI · City
Village of Mount Pleasant
Site sits in Tax Incremental District No. 5 (created for Foxconn). A 42% incremental tax rebate capped at $5M/year was redirected by Microsoft back to the village.
OngoingCommunity impact· Aug 12, 2026
OpenAI Stargate AbileneAbilene, TX · City
Local reporting
Local officials and reporting link the construction workforce influx to a housing shortage and rent increases in Abilene.
DecidedDisclosure· Aug 12, 2026
Meta HyperionLouisiana · State
Louisiana Public Service Commission (3–1)
The commission overruled its judge's order requiring Meta to disclose how it calculated job and electricity projections.
AdoptedPolicy· Jun 13, 2026
Statewide policyArizona · State
Arizona Legislature / Governor
New applications for the data center sales tax exemption barred July 2026 to June 2029; existing certifications unchanged.
Open questionWater· Jun 12, 2026
OpenAI Stargate New Mexico (Project Jupiter)Santa Teresa, NM · State
Residents, state reporting
Residents and officials question water supply for a large campus in the desert.
ApprovedTax incentive· May 29, 2026
Nebius AI factory, BirminghamBirmingham, AL · City
Birmingham Industrial Development Board (unanimous)
30-year abatements of 80% of construction taxes and 65% of non-education property tax, ~$3.23B, on a $35.89B investment.
AdoptedPolicy· Apr 16, 2026
Statewide policyAlabama · State
Alabama Legislature (102–0, 32–0)
Act 2026-573 caps data center abatements at 20 years (30 with a community agreement).
PendingLawsuit· Apr 2026
Colossus 2Southaven, MS (turbines) · Federal
U.S. District Court, N.D. Mississippi
NAACP Clean Air Act suit over gas turbines powering Colossus 2. The U.S. Department of Justice intervened and moved to dismiss in June 2026.
ApprovedUtility & power· Apr 2026
Microsoft Fairwater WisconsinWisconsin · State
Wisconsin Public Service Commission (unanimous)
Rate plan requiring data centers to pay 100% of the cost of infrastructure built to serve them.
RejectedTax incentive· Feb 24, 2026
CloudBurst Texas campusGuadalupe County, TX · County
Guadalupe County Commissioners (3–2)
Voted down a $500M property tax abatement for a proposed campus in New Braunfels.
AdoptedPolicy· 2026
Countywide policyBrevard County, FL · County
Brevard County Commission (unanimous)
Ordinance making data centers ineligible for the county ad valorem tax exemption program.
Approved, under appealUtility & power· Dec 18, 2025
OpenAI Stargate MichiganMichigan · State
Michigan Public Service Commission (unanimous)
Conditional approval of DTE Energy contracts for a 1,383 MW load. The Attorney General is appealing.
SettledZoning· Oct 2025
OpenAI Stargate MichiganSaline Township, MI · City
Saline Township Board
Board voted against rezoning in Sept. 2025, then settled in October after being sued by landowners and developer Related Digital.
Approved, under challengeTax incentive· Sep 19, 2025
OpenAI Stargate New Mexico (Project Jupiter)Doña Ana County, NM · County
Doña Ana County Commission (4–1)
Industrial revenue bonds up to ~$165B. Instead of property taxes, ~$360M in payments over 30 years. Two lawsuits seek judicial review.
ApprovedUtility & power· Aug 20, 2025
Meta HyperionRichland Parish, LA · State
Louisiana Public Service Commission (4–1)
Approved Entergy Louisiana building three combined-cycle gas plants to serve the data center.
Approved, under challengeEnvironmental permit· Jul 2025
Colossus 1 (Memphis)Shelby County, TN · County
Shelby County Health Department
Air permit approved for 15 gas turbines powering the site. Environmental groups are challenging the permit.