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Comment by alex43578

6 hours ago

It's reasonable to believe that a blanket ban on data centers constitutes a regulatory taking, and therefore run afoul of people's property rights. A data center doesn't pose some unreasonable risk to the public interest to justify this degree of action.

This is far from a blanket ban.

  • It’s a ban on any DC over 20 megawatts, regardless of site or situation - that’s a blanket ban because there’s no exceptions or justifications for the ban to apply to every large DC, regardless of location.

    From what I can tell, case law on takings via this kind of regulation is “case by case”, without a clear test for when it crosses over the line into an unreasonable imposition on property rights.