Loudoun Board Prepares for Big Data Center Changes as Lawsuit Threats Loom
Loudoun County supervisors are considering major changes to data center regulations, including removing grandfathering protections for some pending applications and pausing action on new applications for up to 12 months. County staff estimate that reversing grandfathering could expose Loudoun to $45 million to $60 million in litigation and potentially affect its credit rating, while residents support tighter controls and industry representatives warn of economic harm.
Loudoun County supervisors are preparing to vote on proposals that would significantly tighten data center development rules in Ashburn and elsewhere in the county. The changes could remove grandfathering protections for applications submitted before the county adopted its first regulatory phase in March 2025, potentially affecting 15 applications totaling about 10.5 million square feet. County staff estimate that lawsuits stemming from the change could expose the county to $45 million to $60 million in liability.
The board is also considering a 12-month pause in action on data center applications after County Attorney Leo Rogers advised that the county cannot enact a formal moratorium. Supervisors Juli Briskman and Laura TeKrony, residents and conservation groups support the proposals, citing noise, emissions, property impacts and power infrastructure concerns. JK Land Holdings CEO Chuck Kuhn and business groups oppose retroactive changes, while Amazon's planned data center development at the former George Washington University Loudoun campus is specifically criticized by Briskman. County planners are separately drafting new standards covering setbacks, noise, batteries, substations, on-site generation and other infrastructure, with a final vote targeted for the following year.