
A) That datacenter is breaking the law, and the government isn’t enforcing it. The government absolutely should shut them down.
B) That’s only a single datacenter, we’re discussing Global usage and trends, not individual situations. As far as I know that’s the only datacenter doing that. There’s individual idiots who burn tires in their backyard too.

The first chicken Egg was laid by a non-chicken. However, that’s more theoretical than realistic. The mutational difference between generations of offspring isn’t enough for us to call the offspring a different species, it’s not a hard line. It’s only on a much broader scale across a population and large timeframe that they can differentiate enough to be considered a different species.