Data Center DISASTER: West Virginia GOP stripped your rights away to build AI power suckers

Republican legislators in West Virginia basically said “go f**k yourself” to anyone who doesn't want data centers in their community

If a massive AI data center was being proposed in your community, you would probably want a say in whether it was allowed…right? You would probably at least want to know that the majority of the tax revenue made from the massive power-sucking behemoth stayed in the community…right? RIGHT??????

Well, I would hope so. Based on my experience working in renewable energy development, the vast majority of people would absolutely want that say. And they should! In fact, they often do! However, West Virginia Republicans don’t seem to think so —¹ or in the very least, do not care. Earlier this year, they passed a bill stripping away virtually all local authority to regulate data center development. That’s not hyperbole.

Anti-data center: the biggest political slam dunk in 2026

Before I get into what lawmakers in West Virginia did, I want to provide some background about why data center development is so controversial and unpopular.

• They’ve been found to jack up your power bill. When electricity demand outpaces supply, prices go up. Data centers demand a fuck-ton² of electricity. In fact, they are expected to consume anywhere from 6.7% to 12% of total U.S. electricity by 2028

• The economic benefits are typically not that great, or exaggerated. Data centers tend to not be a massive employment boon, and often only create a handful of new jobs despite their size and massive needs.

• They’re massive, and take up a ton of land. The sheer size alone of some of these data centers — gobbling up hundreds, and sometimes thousands, of acres of land — disrupts the natural habitat and is typically a massive eyesore.

• Environmental and health impacts. As we’ve seen with the xAi data center in Memphis’s Boxtown neighborhood, air quality conditions and other quality of life issues like water consumption and emissions are a significant concern.

I read it so you don’t have to

Consider this a new segment of No Elegy Needed: I read it, so you don’t have to!

Since I have a law degree and work in policy, I’ve distilled some important information about the bill for you here so you don’t have to read it.

What local power they specifically eliminated

1. The ability of local governments to pass any new rule/law/regulation/etc. that “limit, in any way, the creation of, and acquisition, construction, equipping, development, expansion, and operation of any certified microgrid district or certified high impact data center project”³

2. Ability to impose or enforce local laws about the creation or regulation of a microgrid district (which could include more than just the data center itself)

3. Disregards existing local powers and says microgrid districts and data centers may not be subject to:

   1. Local/county zoning, horticultural, noise, viewshed, lighting, development, or land use ordinances, restrictions, limitations, or approvals.

   2. Local/county building permitting, inspection, or code enforcement

   3. Local/county licensing requirements

   4. THE LEGAL JURISDICTION OF THE COUNTY OR MUNICIPALITY

   5. Any state law that requires consent of a local/county government

Well, at least the local community will reap the glorious benefit of taxes generated by the data center. . .right? . . . RIGHT????

WRONG. The new law robs the community of the majority of the tax revenue from data centers — one of the few good things that comes from them. Here is the breakdown:

Rationale

• CHINA! The legislature invokes “China” nine times in the legislative text as a rationale to build more data centers, claiming they will be the global leader of data centers. It’s a shame the same sense of urgency over “China beating us” isn’t applied to high-speed rail.

• West Virginia is the best Virginia. The text claims West Virginia is “strategically positioned” as the best location for data centers, while subsequently highlighting the “national security threat” of so many data centers being in….checks notes….Loudon County, Virginia⁴

WVGOP loves BIG government, and big data center

Back in July, Governor Pat Morrissey signed HB 2014 into law. This bill stripped local governments and regulators of the ability to regulate data centers by classifying them as “microgrids” and creating the “Microgrid Development Program.”

“In order for West Virginia to reach its potential, we must continue to focus on economic development and utilizing our many natural resources,” Morrisey said. “The Power Generation and Consumption Act will make West Virginia the most attractive state in the country for data centers and help America better compete with China in the technology arms race of the future.”

(Big Pat quoted in an article by West Virginia Watch)

The vote

In fairness, I want to acknowledge that a few Republicans joined Democrats in voting against this terrible bill in the house. Those delegates are:

• Del. Chris Anders (R-Berkeley)

• Del. Jordan Bridges (R-Logan)

• Del. Joe Funkhouser (R-Jefferson)

• Del. Marty Gearheart (R-Mercer)⁵

• Del. Rolland Jennings (R-Preston)

• Del. Laura Kimble (R-Harrison)

• Del. George Street (R-Preston)

And one in the senate, Sen. Rupie Phillips (R-Logan).

Shame on the two Democrats who voted for the bill in the Senate, Sen. Joey Garcia and Sen. Mike Woelfel.

Side quest: my old Physics teacher who voted for this bill

Even my old high school Physics teacher, Dave Foggin, voted to strip your rights away from you if you live in West Virginia.⁶⁷

Foggin is perhaps best known for being suspended in 2014 after posting this deeply weird Facebook post. He was a decade too early on this, to be frank. Had he posted this in 2024, he could have claimed the woke mob tried to take him down and use it to launch a semi-successful podcast.

Or, perhaps, he is known for introducing a bill that would authorize corporal punishment in public schools earlier this year. In an email exchange below (that was posted publicly on Facebook — still the local gossip honey hole), Foggin claimed “teachers [were] being abused by out of control children…mostly in elementary schools.”

He is apparently planning to run for Wood County Commission next year, which is ironic considering he voted to limit the power that he will have if he wins that race.

Residents don’t want these. Politicians should run on opposing them

Caity Coyne wrote a very good article back in May about Tucker County residents, and their discontent with a proposed data center. I strongly recommend reading it.

Residents in Mingo County filed a federal lawsuit against TransGas Development Systems (and other named defendants) against a plan to build “an ammonia plant, two natural gas power plants, and a data center complex in their communities.”⁸

If residents in one of the most Republican-voting towns in the state, and arguably the country, are pissed about this, it should tell you something. The opposition isn’t unique to West Virginia, it is happening all across the country.

A politician wanting an easy slam dunk would run on opposing these monstrosities…just saying.

The regular plugs:

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No Elegy Needed is an opinion column Substack. All views expressed are solely the opinions of the author and in no way are to be interpreted as anything besides that. I am not a journalist, I am not a reporter, nor do I claim to be one. This is an expression of opinion for entertainment purposes only.

1. Fuck ChatGPT, I will never stop using em dashes

2. Scientific measurement

3. This is the literal, word-for-word, text. My god they went on a power trip.

4. For those unaware, Loudon County borders….you guessed it…West Virginia.

5. Del. Gearheart seemed to be hedging his bets somewhat on this one. He was quoted as saying he was voting no “not because I don’t want data centers here, but because in this particular instance, in my ignorance, I’m going to decide with the ratepayers in the state of West Virginia.”

6. A man who PROUDLY displayed his picture with George W. Bush in his classroom back in 2007-08. I do wonder how this would gel with the new MAGA movement, considering they hate the Bush family.

7. In fairness, he was one teacher that was willing to entertain a political discussion when I brought it up (or when I wore an Obama ‘08 shirt in class), and didn’t pretend to take a “both sides” or “neutral” viewpoint.

8. Former guest of Appodlachia Steve New is representing them as their attorney!