Judge rejects BLM attempt to swap solar farm permit for data center – Center for Western Priorities

Sep 2, 2026
A federal administrative judge has halted construction of what would have been the first data center ever permitted on Bureau of Land Management land, near Boulder City, Nevada, ruling that the Trump administration’s attempt to swap out an environmental review for a different project doesn’t hold up.
The project began in 2023 as a routine solar and battery storage permit. Earlier this year, the developer amended its application to build a data center instead, and BLM approved the switch without any new environmental review or public comment, reasoning that the two projects were “substantially the same.” The judge rejected that logic outright, finding that the solar farm and data center are “fundamentally dissimilar in ways that affect the environment” and noting the BLM never actually analyzed the data center’s impacts.
The decision follows two appeals of the BLM’s original approval of the project in June, one filed by Boulder City and another by the Sierra Club and the Center for Biological Diversity. A stay means that construction will be paused until the matter is settled in courts, a process that can take years. 
Olivia Tanager, president of the Sierra Club Toiyabe Chapter, called the administrative pause a win for the environment. “We’re thrilled,” Tanager said. “Particularly given the precedent that this project could have set for how data centers could be constructed on public land.”
The public’s opportunity to weigh in on the Trump administration’s proposal to repeal the rule closes at midnight on September 21. Specific, substantive comments carry more legal weight than generic form letters, since agencies must respond to comments that raise concrete issues. Here’s how to write one: explain your personal connection to public lands, name the specific roadless areas you use and how, and address concrete concerns raised in the rule’s own analysis, such as lost recreation revenue, wildlife habitat loss, and threats to drinking water. Make sure to state plainly that you oppose rescinding or altering the rule and support keeping it in place. Submit online at regulations.gov.
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RE:PUBLIC
Public lands belong to all the people, not just the people who are proximal… And that’s a really kind of extraordinary idea that the United States embraced a long time ago.”
—Sara Dant, professor emeritus of history at Weber State University, RE:PUBLIC

@mypubliclands
September is National Preparedness Month! 🔥
Emergencies can strike anywhere, including our public lands. This month, let’s prioritize safety by making a plan, understanding our surroundings, and preparing for the unexpected.
Whether you’re at home or adventuring outdoors, a little preparation can make a big difference. Stay informed, stay ready, and most importantly, stay safe! 💪✨
Photo of the Modrite Fire in Washington, courtesy of Colville Agency
Feature image: Joshua trees outside of Boulder City, Nevada; Source: Watts/Flickr
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