Richard J Wenning, Wenning Environmental LLC, Portland, Maine, US
Published on JD Supra, 12 August 2026
ABSTRACT:
DeepGreen Western Passage SPV LLC proposal to build an underwater data center in Eastport, Maine frames the “Not in My Ocean” (NIMO) debate – a marine counterpart to the classic NIMBY opposition. The DeepGreen project is a $413 million initiative in Johnson Cove, consisting of 170 seabed-mounted tidal turbines and 34 subsea AI server pods. Passamaquoddy Bay’s large tides would generate electricity, while seawater would passively cool the servers, potentially avoiding the power and water demands associated with land-based data centers. Despite these advantages, Eastport residents oppose the proposal, citing thermal effects on lobsters, risks to whales and other wildlife, and potential harm to fisheries and tourism.
Eastport’s reaction illustrates the challenges facing emerging marine technologies. Although developers may view the ocean as offering abundant space, renewable energy, cooling capacity, and “no neighbors,” coastal communities often regard themselves as integral to the marine environment. The NIMO response highlights four important characteristics: the perception of coastal waters as a publicly owned commons; the direct connection between marine environmental quality and local livelihoods; uncertainty about environmental impacts because marine systems are difficult and expensive to study; and Indigenous fishing rights, treaty interests, and cultural connections to coastal waters. DeepGreen, like other novel marine technologies, faces a substantial burden to demonstrate both environmental safety and community benefits.
