Today’s data center boom is straining local water supplies, driving up energy costs, and more for communities near these facilities, but people across the country are pushing back. The Trump administration’s recent executive order on artificial intelligence (AI) is a reaction to that resistance, not to real public concerns. 

This order is a thinly veiled attempt to intimidate state and local governments and clear the way for unfettered AI — and with it, data center expansion. But we have many options and opportunities to fight back, and it’s vital that we seize them. Here’s what you need to know.

What Trump’s Order Means for the Fight Against Data Centers

First off, this executive order does nothing to prevent local communities from exercising their existing powers to protect water, public health, or energy. It doesn’t outlaw moratoriums, or halts, on new data centers. 

Executive orders lay out the policy of an administration; they don’t create law. According to this order, Trump’s policy is to “sustain and enhance the United States’ global AI dominance through a minimally burdensome national policy framework for AI.” In other words: as few regulations and protections as possible.

Any new law has to come from Congress, and so Trump’s order calls for a legislative recommendation to preempt state AI laws that conflict with the administration’s policy. 

However, the executive order expressly states that this recommendation for Congress should not propose preempting state laws related to data centers. (Notably, though, it has a carve-out for general permitting reforms, which also threaten our environment and communities.)  

Beyond that, the executive order: 

• Directs the Attorney General to establish a task force to challenge state AI laws inconsistent with Trump’s policy;
• Directs the Secretary of Commerce to identify “onerous” or burdensome state laws that conflict with the administration’s policy and to refer them to the task force for challenging; 
• Directs agencies to determine whether and how they can restrict the funding they distribute to states based on the states’ AI laws; and 
• Directs the Federal Trade Commission to take some actions related to AI models and related state laws. 

Powerful Grassroots Opposition Is Growing Against AI Data Centers

This executive order isn’t a sign of strength; it’s a response to growing opposition. People can see data centers charging forward faster than rules to protect their communities, and they’re moving quickly to stop them. 

From Arizona to Pennsylvania and Oregon to Virginia, communities are standing up to the tech industry — and winning. Earlier this month, over 230 organizations joined Food & Water Watch in calling for a nationwide moratorium on data centers. 

Meanwhile, the tech industry spent $50 million lobbying Congress in the first three quarters of 2025. But so far, Congress has listened to constituents more than the money, as it should be.

In July, the Senate rejected, 99 to 1, an attempt to block local laws on AI and related infrastructure. This rare and decisive bipartisan rebuke of such a massive industry reflects the power of our movement. Despite this defeat, some lawmakers later tried to slip similar language into the National Defense Authorization Act, which also failed after pushback from across the political spectrum.

Senator Ted Cruz (R-TX), who stood next to Trump when he announced the AI executive order, is one of the biggest data center backers in Congress. He’s pushing the SANDBOX Act, which would allow AI and related industries to ask for exemptions from almost any regulation for up to 10 years. The bill would also kickstart a process to permanently remove those regulations. 

There’s little hope that Big Tech or its allies in office will stop pushing data centers anytime soon. That’s why it’s absolutely essential that Congress continues to hear from us. Elected officials will only be as strong as the public backlash against this industry.  

What’s Next in the Fight to Protect Our Communities from Data Centers

If the Justice Department’s new AI task force starts challenging state AI laws, we’ll see those play out in the courts. But we shouldn’t allow this vague threat from Trump to stop our communities from exercising their authority to protect water, public health, or energy, including with moratoriums on new data centers.

All of Big Tech’s preemption ploys got the attention of 36 state attorneys general, who wrote to Congressional leadership warning against these efforts. While the letter was directed to Congress, it sends a strong message to the Trump Justice Department: these states won’t back down from legal challenges without a fight.

As they continue to see more data center proposals, state and local governments must use every tool they have to scrutinize plans and protect the health and welfare of their communities. They can and should consider blocking new data centers until we’re sure these facilities can be built in ways that protect communities.

At the same time, Big Tech will no doubt continue its efforts in Congress to preempt state and local laws that stand in its way. It’ll also try to win exemptions from federal laws meant to protect public health and the environment from profit-hungry industries. This could come in many forms, from a massive, far-reaching tech bill package to additions to unrelated legislation. 

Food & Water Watch will be keeping an eye out for new maneuvers, and we’ll continue fighting them at every level. From local townships to Congress, our leaders must put us before Big Tech. They must pass policies that protect us from AI and data centers, not fast-track these damaging projects.