// THE VERGE — MOBILE & WEB
Prop 45 in California could be hiding a loophole for data centers
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Proposition 45 makes it easier for developers to speed through environmental reviews.
Proposition 45 makes it easier for developers to speed through environmental reviews.
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A high-stakes California ballot measure pitched as a fast track for “essential” infrastructure could wind up giving data center developers a loophole to evade public scrutiny, environmental advocates warn.
Proposition 45 would shorten timelines for state-mandated environmental assessments for eligible projects and make it more difficult for residents to challenge those projects in court. Proponents say passing the measure would help alleviate the state’s housing shortage and meet rising electricity demand with new renewable energy projects. Environmental groups and some legal experts, however, warn that data center developers backing the proposition could escape scrutiny if Prop 45 becomes law.
“The concern here is that data center developers will find a way to shoehorn their projects into the definition of an essential project and then get to take advantage of … the fast-track review that it’ll create,” says Fernando Gaytan, a senior attorney at the nonprofit environmental law organization Earthjustice, which opposes Prop 45. “Communities get cut out of the conversation.”