Daily Digest — May 7, 2026
Box Elder County Voters Seek Referendum on Hyperscale Data Center Approval
Voters in Box Elder County, Utah, have filed an application to initiate a land use referendum challenging the county commission's unanimous approval of a hyperscale data center project, according to The Salt Lake Tribune. The proposed facility, reportedly backed by investor Kevin O'Leary, would span approximately 62 square miles. The project was approved for development under the Military Installation Development Authority (MIDA).
Box Elder County Clerk Marla Young confirmed the filing, though the legality of a land use referendum on this type of approval is still under review by county officials. To qualify for the ballot, organizers would need to collect more than 5,400 signatures from county residents.
Wave of Tompkins County Municipalities Move to Ban Data Centers
Several municipalities in Tompkins County, New York, are enacting or considering bans on data center development in the wake of a controversial proposal by TeraWulf in the Town of Lansing, as reported by The Ithaca Voice. The Town of Dryden effectively banned data centers in February, and Danby followed in April by adopting a local law excluding data centers as an allowed use. Officials in Ulysses, Newfield, and Enfield are discussing similar restrictions.
The municipal actions stem from concerns about:
- Gaps in existing zoning codes that lack data center definitions
- Potential increases in electricity costs, as projected by the New York State Independent System Operator (NYISO)
- Environmental impacts of large-scale facilities
TeraWulf's project in Lansing is currently the subject of a court challenge after the Zoning Board of Appeals overturned a code enforcement officer's determination that the project was an unallowed use. Several local leaders have also expressed support for a proposed state-level moratorium on new data center permits.
Dorrance Township Zoning Board Rejects Data Center Challenge
The Dorrance Township Zoning Hearing Board unanimously denied a substantive validity challenge from Brewster Land Company LLC, finding that the township's zoning ordinance does not unlawfully exclude data centers, according to the Times Leader and the Citizens' Voice. The decision was met with applause from nearly 100 residents at the Dorrance Township Fire Hall.
Brewster Land Company seeks to construct a data center with six buildings on a 155-acre parcel zoned B-2 commercial at South Main and Yeager Roads. The company had argued the ordinance, prior to a September 22, 2025 amendment, did not reasonably accommodate data center facilities. Attorney Matthew McHugh said the company plans to appeal, calling the ruling the "first step in a long process." No formal application for the data center has been submitted.
Township supervisors have scheduled a public hearing for May 27 on proposed amendments to the zoning ordinance pertaining to data centers, accessory structures, and power substations.
Frederick County Data Center Meeting Relocated Amid Protest Concerns
A private meeting between Winchester Gateway LLC and community stakeholders regarding a proposed 72-acre data center campus in Kernstown, Frederick County, Virginia, was moved from its original location due to anticipated protests, according to The Winchester Star. Residents gathered at the original venue to demonstrate against the project, citing concerns about noise, historical preservation, and property impacts.
Key details on the proposal:
- The conditional-use permit (CUP) seeks approval for three buildings and an electrical substation on land zoned Light Industrial (M1)
- The site is near the core battlefield area of the Civil War's Second Battle of Kernstown
- The Historic Resources Advisory Board (HRAB) recommended denial of the CUP on April 17
- The application now goes before the Planning Commission
Residents have pushed for a moratorium or voter referendum on data center approvals, but Frederick County attorney Andrew Fox issued a legal memorandum on April 22 stating that the Board of Supervisors lacks authority to establish a general moratorium or hold a voter referendum on such matters.
Montgomery County Councilmember Introduces Six-Month Data Center Moratorium Bill
Montgomery County Councilmember Evan Glass (D-At-large) has introduced a bill to impose a six-month moratorium on data center development permits, according to Bethesda Magazine. The moratorium would prevent the county's Department of Permitting from accepting, reviewing, or issuing building or grading permits for data centers during that period. Glass intends for the measure to apply retroactively, which would affect a 360-megawatt campus planned by Atmosphere Data Centers in Dickerson that is currently under review.
A separate zoning text amendment, introduced by Council President Natali Fani-González, Vice President Marilyn Balcombe, and Councilmember Laurie-Anne Sayles, would:
- Limit where data centers can be built
- Require facilities using over 20 megawatts to operate on 100% carbon-free energy or use renewable energy certificates
- Prohibit the use of potable water for cooling
County Executive Marc Elrich expressed openness to a temporary moratorium but indicated a preference for a different approach. Atmosphere Data Centers CEO Chuck McBride said the company is committed to collaborating with the county. A public hearing on the moratorium bill is scheduled for June 16.
