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From Indiana State Agency Takes Over Data Center Water Oversight

How could the state agency's oversight of water impacts affect Google?

Already happening What happens if… A possibility worth considering, not a forecast.

Google may face mitigation costs due to Indiana water oversight The Indiana Department of Environmental Management (IDEM) is overseeing surface water impacts at data center sites in Indiana. For Google's Project Zodiac campus in Fort Wayne, IDEM determined that while the project area contained nearly 12 acres of wetlands, only 2.4 acres were under state jurisdiction and would be impacted by the development. As part of the required oversight, IDEM mandated that Google mitigate the loss by purchasing credits through a program administered by the Indiana Department of Natural Resources to restore around 4 acres of wetlands in other parts of the state.

Reported by 1 independent outlet Written Oct 13
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How it reaches Google

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The facts so far

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  • The U.S. Supreme Court decision in 2023 narrowed the scope of the Clean Water Act, removing federal oversight of around half of all the nation’s surface waters.journalgazette.net
  • IDEM determined Google's Project Zodiac site contained nearly 12 acres of wetlands, but only 2.4 acres under state jurisdiction would be impacted.journalgazette.net
  • IDEM required Google to mitigate the loss by purchasing credits to restore around 4 acres of wetlands in other parts of the state.journalgazette.net
  • The state program for wetland mitigation has collected at least $109 million in wetlands payments from developers.journalgazette.net

Why it matters

For Google, like other large data center operators in Indiana, state oversight means accepting specific operational and financial requirements to proceed with development. While the state process is described as offering a high assurance of permits compared to the complex federal process, it still imposes costs related to mitigation credits and wetland restoration.

This situation highlights a shift in environmental regulation following the 2023 Supreme Court ruling. While the federal oversight was reduced, state agencies like IDEM are now filling that gap, though the state's own wetland program standards have been significantly reduced by House Enrolled Act 1383.

What we don't know yet

  • Will the ongoing compliance issues with the state's wetland mitigation program affect the availability or cost of credits for developers?
  • How will the reduced state wetland standards impact the overall scope of required mitigation for future data center projects?

What would change this answer

The Army Corps of Engineers successfully enforces the federally mandated three-year timeframe for wetland restorationThis would increase scrutiny on the state's mitigation program, potentially making the purchase of credits more difficult or expensive for Google.
The state agency significantly increases the number of mitigation projects in its 'robust pipeline'This could reduce the backlog and potentially lower the cost or increase the availability of credits for developers.

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  • About Usace

    Given that state agencies like IDEM are filling the gap left by the Supreme Court ruling, how has the typical involvement of the U.S. Army Corps of Engineers changed in these types of projects?

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