---
title: "Amazon and Duke Energy Accused of Evading US Environmental Laws for North Carolina Data Center"
description: "Advocates have accused Amazon and Duke Energy of circumventing the US Clean Air Act. The companies installed hundreds of diesel generators for a data center in North Carolina, splitting applications to avoid strict environmental regulations. 🏭🚫🌫️"
date: 2026-08-04T00:17:36.000Z
lang: en
url: https://xab.info/en/posts/amazon-duke-energy-accused-of-evading-us-environmental-laws-for-north-carolina-data-center
tags: [amazon, duke-energy, aws, data-center, clean-air-act]
publisher: "XAB.info"
---

# Amazon and Duke Energy Accused of Evading US Environmental Laws for North Carolina Data Center

![Smokestacks of an industrial facility at sunset, symbolizing environmental concerns over Amazon and Duke Energy's data center project in North Carolina](https://xab.info/media/2026/08/04/amazon-duk-energy-obvinili-v-obhode-ekozakonov-ssha/amazon-duk-energy-obvinili-v-obhode-ekozakonov-ssha-1.webp)

A scandal is unfolding in the US surrounding the construction of one of the world's largest data center campuses. The environmental advocacy group Southern Environmental Law Center (SELC) has accused tech giant Amazon and energy company Duke Energy of attempting to circumvent the federal Clean Air Act. The catalyst for the investigation is the massive deployment of diesel generators at a site in Hamlet, North Carolina.

### Splitting Applications as a Way to Avoid Oversight

According to data provided by SELC, Amazon submitted an application to install 592 diesel generators, classified as "emergency" backup power sources. Simultaneously, Duke Energy requested permission to use an additional 57 mobile generators to provide "primary" power to the data centers until they are connected to the main grid.

Environmentalists argue that splitting the applications into two separate entities was done intentionally. If all 649 generators had been listed in a single document, the project would have been subject to significantly stricter environmental standards and protection requirements. Breaking the project down allows companies to increase emission limits for pollutants while avoiding a review of safety standards.

### Energy Company's Position and Technical Details

Representatives of Duke Energy have denied allegations of violating the law. The company stated that the 57 diesel generator sets (DGUs) are intended solely for temporary energy supply to AWS during the construction and equipment testing phases. According to company representatives, these units are not connected to the Duke Energy grid, and all operating costs are borne exclusively by Amazon.

Furthermore, Duke Energy emphasized that the use of temporary generators is permitted for a period of less than one year. The company's lawyers also point out that a special permit for installing such equipment is not required, as it is located in close proximity to an operating power plant. To confirm the transparency of their actions, Duke Energy specifically mentioned the diesel generators in the application for the existing Smith Energy Complex gas station.

The operating Smith Energy Complex gas power plant, owned by Duke Energy, was built in 2001 and has a capacity of 1,247 GW. It is located literally across the street from the AWS site. As part of the cooperation with Amazon, the company plans to increase the plant's capacity by another 240 MW by installing a new gas turbine. At the same time, Duke Energy insists that the total emissions from the plant and generators remain within established environmental limits.

### Risks to Local Population and Construction Schedule

SELC advocates emphasize that such a large array of diesel generators poses a threat to the health of residents of Richmond County, where Hamlet is located. This is one of the most economically disadvantaged counties in North Carolina, and environmentalists believe that one of the wealthiest companies in the world has a duty to act responsibly.

Construction of the Amazon data center campus began in October 2025. The project involves the construction of 20 buildings, each with an area of more than 18,580 m². Direct construction work is scheduled to start at the end of 2027, with the facility's launch planned for the end of 2029.

### Trend of Using "Gray" Schemes in the Data Center Industry

The case with Amazon is not an isolated incident. Legal loopholes in the energy sector are becoming increasingly common for businesses related to the data center industry. For example, the situation with SpaceX and xAI, which recently announced their decision to abandon "semi-legal" gas turbines powering their data centers, can be cited. Instead, the companies plan to deploy a stationary power plant, which will also consist of dozens of gas turbines, which in fact does not change the essence of the emissions problem.