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A Federal Judge Rules DOJ Cannot End The NAACP's Clean Air Act Suit Against xAI's Memphis Turbines, Days After The Fifth Circuit Refused A Stay: The U.S. District Court for the Northern District of Mississippi denied the Justice Department's motion to dismiss NAACP v. xAI on Monday, Oct. 19, holding there is no "fairly possible" reading of the Clean Air Act that lets the United States unilaterally end a citizen suit; the government may intervene, and the court left open what it may do once it does. The Fifth Circuit had denied DOJ's request to stay the district court shortly before. The April suit targets the unpermitted gas turbines serving Colossus 2, which plaintiffs say can emit more than 5,000 tons of nitrogen oxides and 400 tons of fine particulates a year into Memphis and north Mississippi, and seeks penalties of about $124,000 a day plus an injunction until permits issue. DOJ's June memo had argued the executive branch holds "primacy" over citizen enforcement; the case returns to the district court. Earthjustice announced the ruling Tuesday. Link

New Mexico Enters A $25 Billion Judgment Against Meta Under Its Unfair Practices Act, Cut From A $219.5 Billion Statutory Maximum, With 15 Percent Annual Interest: First Judicial District Judge Francis Mathew entered the judgment Wednesday, Oct. 21, after a September Santa Fe jury found Meta deceived users about control of their data and its Cambridge Analytica response on 31 of 34 counts, 43,899,720 times; at $5,000 a violation the statutory maximum was $219,498,600,000, which Mathew reduced to $25 billion with 15 percent interest until paid. The state had sought $35 billion to $40 billion and Meta about $3.4 billion. "Facebook promised users that they (the users) controlled their data. This was false," the order says. Meta will appeal; it is Attorney General Raúl Torrez's second judgment against the company this year after March's $375 million child-safety verdict, and the state litigated alone rather than joining the multistate cases. Link

Warner, Padilla, Himes And Morelle Write To 25 Platforms And AI Labs, From Alphabet To Truth Social, Citing "Backsliding" On The 2024 Election AI Accord Two Weeks Before The Midterms: The letter, dated Monday, Oct. 19, and released Tuesday, goes to Adobe, Alphabet, Anthropic, Black Forest Labs, Bluesky, Discord, ElevenLabs, LinkedIn, Meta, Microsoft, Midjourney, Mistral, OpenAI, Perplexity, Pinterest, Reddit, Reflection AI, Rumble, Snap, SpaceX, Stability AI, Telegram, Thinking Machines Labs, TikTok U.S. and Truth Social, and says "there are concerning signs of backsliding on some of your commitments to protecting elections from misuse of your products" under the 2024 Tech Accord to Combat Deceptive Use of AI. Platforms are asked to remove false voting-logistics information quickly with human review, give election officials reporting tools, notify users who engaged with content later found false and publish transparency reports; generative AI companies are asked to draw election-logistics answers only from official election offices and trusted outlets with inline citations, label AI-generated images and video for both people and detectors, check non-English accuracy and keep auditing through ballot counting and any litigation. All four are the intelligence and election-administration ranking Democrats; Warner's May 2024 letters to the same accord's signers drew 19 replies he called short on specifics. Link

Two-Thirds Of Americans Oppose New Data Centers, 72 Percent Oppose One Nearby, And 66 Percent Say Washington Is Not Regulating AI Enough: ABC News/Washington Post/Ipsos: The poll of 2,545 adults, fielded Oct. 9 to 13 and published Wednesday, finds 57 percent say AI is bad for society (65 percent under 30), 66 percent oppose building new data centers in the U.S. and 72 percent oppose one in their own community, including 81 percent of Democrats, 58 percent of Republicans and 78 percent of rural respondents; only MAGA Republicans back new data centers, at 53 percent. Two-thirds disapprove of Trump's handling of AI, and 66 percent say the federal government is not doing enough to regulate it, including 54 percent of Republicans; asked which party they trust on AI, 49 percent say neither. It lands 12 days before an election with 41 local data center measures on ballots in 10 states, by Ballotpedia's count. Link

TCEQ Takes Its Automatic-Permit Portal Offline And Suspends Data Center Stormwater Permits After Watchdogs Showed Abbott's Pause Was Not Holding: The Texas Commission on Environmental Quality disabled STEERS, the online system that automatically approves construction stormwater notices of intent and other authorizations, on Wednesday, Oct. 21, and said it had suspended specific data center permits flagged this week by Public Citizen and FracTracker Alliance, the Texas Tribune reported; spokesman Ryan Vise said applications "must be physically provided to TCEQ" so staff can tell whether they relate to data centers. The groups had found multiple stormwater permits issued for large data center builds after Abbott's Sept. 21 directive halting "all permits related to data center projects" pending the ERCOT water-and-power audit, and FracTracker's Sam Law called for "a real moratorium backed by legislation." The agency gave no count of suspended permits and no date for the portal's return. It follows the 35 permit actions in TCEQ's own database we reported Wednesday. Link

Pennsylvania's House Passes HB 2674 202-1 To Keep Data Centers From Claiming Public Utility Status, Sending Pielli's Bill To The Senate: The House re-reported HB 2674 from Appropriations 37-0 and passed it on third consideration 202-1 on Monday, Oct. 19 (PN 3951); it amends the Public Utility Code's definitions so a data center cannot be a public utility, which Rep. Chris Pielli (D-Chester) says would otherwise let developers claim eminent domain, take rights-of-way and bypass local zoning. It does not touch rates or siting. The Senate has not yet referred it, where HB 1834 (PUC data center rules, 104-95) has sat in committee since March 31 and HB 2496 (180-day local pauses) is also waiting; Docket Room's record still shows the Oct. 7 re-commit, so the vote is dated from the House site. Link

Loudoun And Amazon Strike "Project Potomac Promise": Amazon Withdraws Its Four-Building GW Campus Application, Gives 25 Acres Worth About $65 Million And $5 Million For Housing: Chair Phyllis Randall announced the deal Tuesday, Oct. 20: Amazon will withdraw the by-right Bridgefield Tech Center application for the former George Washington University Science and Technology campus in Ashburn, which it bought for $427 million in March, by the end of the month, forgo litigation, donate about 25 acres for a community arts center and an indoor sports facility and give $5 million to the county's housing trust fund; the county will fast-track a mixed-use rezoning of the remainder with data centers excluded as a use, which Randall said could still take about a year. Amazon's Josh Weissman said a shared vision beat "costly litigation." Several supervisors said they learned of the talks only at the announcement, one calling them "literal backdoor deals," and the board's own 12-month pause on legislative data center applications stays deferred to Nov. 17. Link

Illinois' Hoffman Files HB 5826, The Data Center Energy Account: Hourly Electricity Reporting And Certificates To Cover Full Consumption From 2028: Rep. Jay Hoffman filed HB 5826 with the Clerk on Monday, Oct. 19; it would require Illinois data centers to report hourly electricity use and retire certificates equal to their total consumption starting in 2028, per the Docket Room summary, and WHBF and WQAD reported it Tuesday. It is the first data center energy bill filed since the POWER Act (SB 4016 and HB 5513) died at the end of the spring session, and it arrives as the state's own regulators warn of capacity shortfalls this decade. Link

Eleven Local Decisions This Week: Volusia's Permanent Ban, Hayward's 45-Day Pause, Three Colorado Readings, Suffolk, Blount, Calloway And Hopkinton, And A Kansas Judge Keeps Ottawa's Ban On The Ballot: Volusia County, Fla., adopted its ban on data centers of 50 MW or more in unincorporated areas on second reading Tuesday, Oct. 20 (reported 6-0; effective on filing with the Department of State); Hayward, Calif., voted unanimously the same night for a 45-day moratorium, extendable up to two years, after the STACK SVY03A approval; Brighton, Colo., gave final approval to a one-year moratorium while Littleton and Fort Collins passed six-month pauses on first reading (Fort Collins at 10 MW or more; Littleton's hearing is Nov. 3); Suffolk, Va., voted 8-0 Wednesday for an open-ended moratorium; Blount County, Tenn., paused data centers, crypto mines and large subdivisions for a year Tuesday; Calloway County, Ky., Fiscal Court voted 4-1 Wednesday for a one-year pause with exceptions; Hopkinton, R.I., listed data centers as a prohibited use in every district Monday; Wisconsin Rapids' council denied a data center permit Tuesday; and in Kansas, Franklin County District Judge Eric Godderz ruled Tuesday that Ottawa United's 10-year ban on data centers over 25 MW is legislative rather than administrative, denied the city's motion to dismiss and left the measure on the Nov. 3 ballot. Link

Colorado's PUC Opens Hearings On Xcel's Large-Load Tariff: 50 MW Threshold, $120,000 Application Fee, 15-Year Contracts, 80 Percent Minimum Bills And A Confidential "Speed To Market" Track: Evidentiary hearings began Wednesday afternoon, Oct. 21, and run several days, the Colorado Sun reported. Under Xcel's proposal, new loads of 50 MW or more pay $120,000 to apply, fund the generation and transmission their load causes, commit for 15 years (PUC staff want 20, the Data Center Coalition 10), pay for at least 80 percent of projected use (a 500-MW site would owe about $22 million a month), post about 60 months of minimum bills as credit and pay the remaining bills as an exit fee; a "speed to market" path allows negotiated confidential contracts with 120-day PUC review, which the Office of the Utility Consumer Advocate and Western Clean Energy Campaign say could sidestep the safeguards. The Colorado Energy Office wants gas-fired generation barred from the contracts absent a zero-emissions pathway, and Xcel says it needs 2 GW of capacity for data centers by 2030 on a system of just over 7 GW. Link

MLGW's Board Creates A Data Center Water Class At 30 Percent A Year For Three Years, Against 12 Percent For Homes, With Memphis Council Review Starting Nov. 18: Memphis Light, Gas and Water's board unanimously approved three-year water and gas increases on Wednesday, Oct. 21: residential water rises 12 percent a year from 2027, commercial and industrial 20 percent, and a new data center class 30 percent, with gas up 11 percent over three years; CEO Doug McGowen said the budget pays for city and state paving standards and capital work and includes no data center infrastructure. The council takes it up at a Nov. 18 budget session and in committee Nov. 24, and the rates take effect in January 2027 if approved. It comes a day after the council's 135-day moratorium and as the Shelby County Commission debates its own rules. Link