While organisations are only ever hit with affordable financial penalties, it's rational for them to weigh up the likely penalty vs. the opportunity cost of not doing something illegal in their decision-making.
If we want to prevent such behaviour (and in case it's not clear from the above, I think we should) then we either need far more brutally punative financial penalties, or for executives to be held personally and criminally liable in such cases.
There's also other options than brutally punitive financial penalties or holding execs personally responsible.
For example, if a data center is illegally running gas turbines, the penalty could be that the data center must be shut down for 3 years and no equipment can be removed from the data center during that time.
With financial penalties, there's always calculus on whether the penalty is high enough to deter the action. But the only reason they'd want to, for example, use illegal power generators at a data center is to run the data center. Losing access to 100% of the value of that data center for 3 years would make the calculus easy: it wouldn't be worth it for the companies. They'd lose the entire reason for doing it and so much of the capital investment in equipment as it depreciated during those 3 years.
With AI companies believing the market is worth trillions, it's hard to imagine a financial penalty high enough to deter illegal actions. It might need to be in the hundreds of billions - a level which they probably can't pay given their current resources and which governments wouldn't levy. Not that they'll essentially confiscate a data center and its hardware for multiple years as a penalty either.
Another school of thought is that punishment should be proportional to the crime or harm.
Something isn't really a big deal, it doesn't make sense to stick it to a company.
This is better at balancing the public interest of legal compliance against the public interest in the product the company provides.
It's basically the same trade-off with set in criminal punishments in general. If we made it it the death penalty for jaywalking or littering, we would have a lot less of it. Seems like a slam dunk right? Why don't we just do that?