Planning Under Preemption: State Power and Local Authority in the AI Data Center Era

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Authors: Justin Kollar
Cited by: 4
References: 24

Abstract

A new wave of state legislation is fundamentally reshaping American planning by reducing local authority over land use, zoning, and environmental review, particularly for artificial intelligence (AI)–related energy and data center infrastructure. Drawing on recent cases across multiple states, I examine how planning power is being rescaled through statutory overrides, utility governance, fiscal incentives, and procedural constraints. These mechanisms shift decision-making authority upward to state agencies, utilities, and corporate actors, transforming planning from deliberative practice into administrative coordination. This reconfiguration raises critical questions about democratic participation, environmental protection, and planning’s role within accelerated infrastructural capitalism.

Fields of Study & Subjects

Smart Cities and Technologies Artificial Intelligence Applications Ethics and Social Impacts of AI

Publication details

Journal / source
Journal of the American Planning Association
Publisher
Informa UK Limited
Volume
92
Issue
2
Pages
326–332
Publication date
18 February 2026
Language
EN