Goldwater Institute says Pima County data center moratorium is illegal, facilities aren't a threat
The Goldwater Institute asserts that Pima County's four-month data center moratorium is illegal, arguing the county cannot prove data centers pose an imminent threat. Pima County Supervisor Jennifer Allen refutes this, stating the moratorium is valid under state law due to evidence that data centers elevate ambient temperatures. The county enacted the pause to develop new zoning laws and assess health impacts.
The Goldwater Institute, a conservative public policy think tank, has declared Pima County's recent four-month moratorium on data center development illegal, contending the county lacks evidence of data centers posing an "imminent threat." Jon Riches, vice president for litigation at the Goldwater Institute, cited two state laws: Prop. 207, which protects against development laws negatively impacting property values, and Title 11, which permits moratoria only when an imminent threat can be proven. Riches argued that a framework from the Pima County Health Department and John Hopkins University for studying health impacts admits a lack of empirical evidence regarding harm to public health.
Pima County Supervisor Jennifer Allen countered that the Goldwater Institute is misinterpreting the framework, clarifying it as an internal tool for assessment, not official proof for the moratorium. Allen maintained the moratorium aligns with Title 11, which she says allows development pauses if existing zoning laws are inadequate for public health protection. She pointed to "separate evidence" indicating data centers contribute to rising ambient temperatures, a concern given the county's issues with excessive heat and heat-related deaths.
The Pima County Board of Supervisors enacted the moratorium to allow time for the consideration of new zoning rules and to study the health impacts of data center development. The Goldwater Institute stated it would consider representing property owners affected by the moratorium, though no case has been filed yet. The moratorium is scheduled to end in January, coinciding with the county board's timeline for finalizing new data center zoning laws.