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By Sam Stevenson
Associate News Editor
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A federal decision to allow a large data center project on public land in southern Nevada is facing a growing legal challenge, setting up what opponents say could become a national test case for the Trump administration's push to accelerate data center development.
Key Points
- The Bureau of Land Management (BLM) approved an amended right-of-way that allows the Townsite Data Center project to move forward on 81 acres of federal land near Boulder City, Nevada.
- Boulder City officials, environmental groups and residents argue the approval process bypassed normal environmental review procedures and relied on a previous authorization granted for a solar energy project.
- The Center for Biological Diversity and Sierra Club Toiyabe Chapter have filed an administrative appeal challenging the approval.
- Boulder City is also pursuing its own appeal and has sought to halt the project from moving forward.
- New polling suggests many Americans would oppose a data center proposed in their community, with concerns about energy costs, water use and environmental impacts outweighing perceived economic benefits.
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Residents near Boulder City, environmental groups, federal land managers, technology developers and communities across the West could all be affected if the approval process becomes a model for future projects.
Newsweek contacted the BLM and Skylar Capital Management, the developer of the site, for comment via email on Wednesday morning.
Both organizations responded on Thursday, with the developer arguing that the federal parcel had already been approved for large-scale energy infrastructure and that the amended application sought permission to convert the site from a solar-and-battery project to a data center rather than develop an entirely new location.
The BLM said its approval was consistent with President Donald Trump's Executive Order 14318, titled Accelerating Federal Permitting of Data Center Infrastructure, which seeks to streamline approval processes for new facilities.
"This project reflects the growing role of public lands in supporting the infrastructure needed to power innovation, advanced technology, and the nation's future economic growth, while advancing Interior's commitment to responsible stewardship and sustainable use of public lands for current and future generations," a spokesperson told Newsweek.
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Why It Matters
The data center fight extends beyond a single Nevada project. Demand for data centers has surged as technology companies race to expand artificial intelligence infrastructure, prompting pressure on governments to accelerate approvals for facilities that require vast amounts of land, power and water.
Critics argue that speeding up federal permitting risks weakening environmental review and local oversight, while supporters contend additional data center capacity is critical for economic growth and U.S. competitiveness in AI.
How the Townsite Data Center Dispute Began
The controversy centers on the proposed Townsite Data Center in Eldorado Valley, near Boulder City, often known as the gateway to the Hoover Dam.
According to local officials, Houston-based Townsite Solar 2 LLC originally secured federal approval in 2023 for a solar and battery-storage project.
In 2025, however, the company amended its application to include plans for a data center.
In a statement to Newsweek, Townsite Solar 2 said the federal site and an adjacent city-owned parcel had already been approved for solar generation and battery-storage projects, meaning much of the transmission infrastructure was already planned.
The company said it therefore sought amended approvals from both landowners in late 2025 to allow a data center use instead.
On June 26, the BLM, which operates within the Interior Department, approved the amended right-of-way, allowing the project to proceed on federal land.
Boulder City officials contend the agency should have required a fresh review rather than relying on approvals associated with the earlier solar project.
Their objections intensified after city leaders said federal officials did not coordinate with local government during the approval process despite the project's potential effects on municipal services and infrastructure.
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Critics Question Environmental Review Bypass
The legal challenge focuses largely on whether federal officials complied with environmental review requirements.
The Center for Biological Diversity and Sierra Club Toiyabe Chapter filed an administrative appeal this week, arguing the approval relied on what they described as an unusual permitting pathway that avoided public participation and environmental scrutiny.
"It's an outrage that the Trump administration is giving away our public lands to hedge funds for data centers," said Patrick Donnelly, the Great Basin director at the Center for Biological Diversity. "Public lands are for wildlife and clean water, for recreation and spiritual renewal. They're not meant for big tech companies to spew air pollution and suck down water for AI and the surveillance state."
Environmental groups argue residents never received a formal opportunity to review data center plans or provide public comment before the government granted approval.
Opponents also say the project could affect the desert tortoise habitat in Eldorado Valley and place additional demands on water resources in the Colorado River Basin, where communities continue to face long-term drought concerns.
According to the appeal, the groups believe the BLM unlawfully bypassed environmental laws by treating the transition from a solar project to a data center as a sufficiently similar land use that did not require a new review process.
The BLM defended the approval in a statement to Newsweek, saying the June 2026 decision supports federal efforts to accelerate permitting for data center infrastructure.
A spokesperson has said the project reflects the growing role of public lands in supporting advanced technology and economic growth while remaining consistent with the department's stewardship responsibilities.
Boulder City Says It Was Not Consulted
City officials have portrayed the fight as a broader question about federal authority and local control.
Boulder City Attorney Brittany Walker has argued that federal land managers traditionally work with local jurisdictions on projects of this scale, allowing communities to address zoning standards, infrastructure demands and land-use concerns.
She said the city is questioning both the process and precedent behind the approval, arguing that the dispute could become a broader test of how far federal agencies can go in overriding local concerns.
According to Walker, officials were not allowed to weigh in on land-use issues before the project received approval.
"They would have had to work with us and we could have discussed our local land use codes and work with the [Bureau of Land Management] on that, but we were not consulted," she said.
The proposed site sits on federal land but lies within Boulder City's geographical area, meaning local police, fire, water infrastructure and transportation networks could ultimately support the development if construction proceeds.
Several city council members have publicly criticized the approval process, while residents packed council meetings in recent weeks to express concerns about environmental impacts and resource consumption.
Polling Shows Public Concern About Data Centers
Beyond officials and environmental groups in Nevada, polling indicates that many Americans are wary of having data centers built near where they live.
A Verasight survey conducted May 13-18 among 3,000 U.S. adults examined public attitudes toward AI infrastructure.
Respondents were randomly assigned to separate survey modules containing about 1,000 participants each. The margin of error was plus or minus 3.2 percentage points for the Technology, Identity and Global Issues module that included the data center questions.
When asked what they would do if a new data center were proposed in their community, 40 percent said they would sign a petition opposing the project.
Another 28 percent said they would contact a local official to oppose it, while 25 percent said they would publicly oppose the proposal at a local meeting. Twenty percent said they would attend a protest.
Only 9 percent said they would publicly support a data center at a local meeting and 9 percent said they would contact a local official in support of the proposal.
Meanwhile, 37 percent said they would take no action.
Americans See Data Center Downsides Over Benefits
The same Verasight survey found voters are considerably more focused on potential downsides than promised economic benefits.
When asked what issues they would consider when deciding whether to support a data center in their community, 59 percent of respondents cited concerns about higher energy or water prices.
Half of the respondents pointed to possible environmental impacts, including pollution.
Another 44 percent worried about job losses tied to AI and automation, while 37 percent expressed concern about AI changing society for the worse.
By comparison, 27 percent cited the potential for increased local tax revenue and 27 percent pointed to new jobs as reasons they might support a project.
Meanwhile, 14 percent said they would consider AI's potential to improve society.
Those findings mirror many of the concerns voiced by Boulder City residents, who have questioned whether the economic benefits of the Townsite Data Center outweigh potential environmental and resource costs.
But Townsite Solar 2 disputed that characterization, telling Newsweek it has adopted a closed-loop cooling system and plans to use technologies designed to reduce noise, heat, light and emissions.
The company said the project could generate hundreds of millions of dollars in tax revenue, fund water and sewer upgrades, help support a water-recycling initiative, and create an energy fund intended to offset future electricity costs for residents.
"We take the concerns very seriously," a company spokesperson said, adding that it would continue working to earn the trust of the community.
What Happens Next
The legal battle now moves into the administrative appeals process, where challengers will seek to overturn the BLM's approval.
Boulder City officials are pursuing a separate appeal, while environmental groups have asked for a stay that would prevent the project from advancing while legal questions are resolved.
A ruling against challengers could clear the way for construction to proceed. Meanwhile, a ruling in their favor could force federal officials to conduct additional environmental reviews or restart portions of the permitting process.
Contact Newsweek editors on this story: Alfred Joyner, Shakeema Edwards and Cristina Diciu.
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