Data center development is increasingly a permitting story as much as a real estate or technology story. Federal policy is moving quickly: Executive Order 14318 expressly targets AI data centers and the infrastructure that powers them, including high-voltage transmission lines, and DOE is seeking information on generation, transmission, and grid projects that could accelerate “speed to power” for AI and data center load growth.  

At the same time, environmental review is becoming more agency-specific. The Council on Environmental Quality's (CEQ) National Environmental Policy Act (NEPA) regulations have been removed from the CFR, and CEQ has issued guidance for agencies to establish or revise their own NEPA procedures. The Advisory Council on Historic Preservation's (ACHP) proposed rescission of its own rarely used NEPA procedures is part of that broader shift, but it should not be read to eliminate Section 106 or other historic-preservation review where a data center project has a federal nexus.  

Power availability is another gating issue. The Federal Energy Regulatory Commission's (FERC) regional transmission planning reforms and generator interconnection updates underscore that transmission deliverability, upgrade costs, and resource adequacy are now central diligence items for large-load projects. Developers should be aligning site control, utility service strategy, behind-the-meter options, and permitting schedules much earlier than many traditional development timelines would require.  

Water and local land use are also moving to the front of the risk register. Clean Water Act (CWA) permitting, stormwater controls, wastewater capacity, cooling water intake issues, and water-use are increasingly relevant to project feasibility. Local moratoria, zoning conditions, and state-level proposals show that community concerns over energy use, water demand, noise, and infrastructure strain can materially affect timing.  

At base, data center permitting requires an integrated strategy that combines land use, power, water, environmental review, and community engagement from day one.