Maine Won't Halt Data Centers: Governor Mills Vetoes the First Statewide Moratorium in the USA
On April 24, 2026, Maine's Democratic Governor Janet Mills vetoed L.D. 307, the bill that would have established the first statewide moratorium on data centers in the United States. The measure passed both chambers of the predominantly Democratic legislature on April 14, but Mills opted to kill it for a specific reason: the lack of an exemption for an already planned project in the city of Jay, a community that has never recovered from the closure of a local paper mill and was counting on that data center to revive employment.
What L.D. 307 Entailed
The bill would have blocked the issuance of building permits for any facility with energy consumption equal to or greater than 20 megawatts until the fall of 2027. The aim was to buy time to build a regulatory framework before major tech operators settled in the state without constraints. In support of this, the text proposed the establishment of a Maine Data Center Coordination Council, an entity tasked with assessing impacts, opportunities, and policy tools related to data centers, with recommendations expected by winter 2027. Additionally, state agencies would have to deny any permits for projects exceeding the specified energy threshold.
The legislative push had stemmed from rising local resistance. The proposed 300-megawatt project in Sanford, which emerged during committee discussions, had catalyzed concerns about such imposing sizes on a power grid not sized to support them. The Energy, Utilities, and Technology Committee had approved the text along party lines, with Democrats in favor and Republicans opposed.
The Veto and Its Reasons
Mills has indicated that she was not opposed to the principle of the moratorium but requested that the Jay project be exempted from the block. The legislature rejected that exemption request, and the governor responded with the veto. In her official statement, Mills emphasized the need to analyze the impacts of artificial intelligence on Maine's energy grid but deemed that doing so through a moratorium sacrificing employment opportunities for already fragile communities was not the right path.
The veto did not completely close the regulatory chapter. Mills announced she would sign an executive order to establish an advisory council with functions similar to those proposed in L.D. 307. She also signed LD 713, a related measure that excludes data centers from state tax incentive programs for business development: a signal that she does not intend to open the doors unconditionally but wants to do so with tools other than a generalized moratorium.
The Political Reaction
The veto sparked criticism within the Democratic Party. Representative Melanie Sachs, the bill's sponsor, accused the governor of ignoring the will of the majority of Maine citizens. "This veto may protect the Jay project, but it exposes all consumers to significant consequences: on the power grid, on the environment, on our energy future," Sachs stated. Environmental groups and civic organizations that had supported the moratorium expressed similar disappointment, believing that the decision leaves Maine exposed to irreversible infrastructural choices before an adequate regulatory framework exists.
The National Context
The situation in Maine fits into an increasingly heated debate at the federal and state levels. At least a dozen states are exploring similar legislation: New York, for example, has introduced a bill that would block constructions for at least three years. In Washington, Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez have proposed an even more radical proposal, which would include a moratorium not only on new structures but also on upgrades to existing facilities. Conversely, the Trump administration made data centers an explicit priority, presenting them as essential economic and national security assets in the race for AI with China. This political framework influences the choices of individual governors, including Democrats, who must balance local environmental pressures with national narratives about the competitive advantages of AI. Maine was considered a particularly attractive destination for large tech operators, thanks to the cold climate, which reduces cooling costs, and access to renewable energy sources. Companies like Amazon, Microsoft, Google, Meta, and Nvidia were and remain interested in expanding into states with these characteristics.
The construction timelines for a data center range from 18 to 24 months: every regulatory uncertainty leads to delays that companies cannot afford at a time when the demand for computing capacity for AI is growing faster than the available supply. Without the moratorium, Maine remains on investors' radar. However, the absence of a structured regulatory framework, instead replaced by an executive order and a consultative body lacking binding powers, leaves many questions open about how the state will manage the upcoming projects that will come knocking.