Petition against data centers and battery energy storage certified in Emporia, Kansas
A citizen-led petition in Emporia, Kansas, seeking to ban data centers or put an ordinance to a public vote, has been deemed to require judicial validation by the city commission due to legal questions surrounding land use issues. This follows the commission's unanimous decision to create a Digital Infrastructure Overlay District for data centers despite public opposition. A similar petition against battery energy storage systems has also been certified and will be taken up by the commission.
The battle against battery energy storage systems (BESS) and data centers continues in Emporia, Kansas. The Lyon County Election Office recently certified signatures for a citizen-led petition that seeks to ban BESS or mandate a public vote on an ordinance. The Emporia City Commission is slated to address this petition at its upcoming meeting.
This BESS petition is the second of its kind, following an earlier petition that targeted data centers with similar demands. The data center petition, however, encountered a legal hurdle: the city commission determined it required validation by a judge. According to the city, Kansas law may not permit land use issues to be decided via citizen-led petitions, a precedent also seen in El Dorado with a comparable petition.
The data center debate in Emporia has highlighted tensions between residents and commissioners. Despite significant public opposition, which included one individual being forcibly removed from a July meeting, the commission unanimously voted to establish a Digital Infrastructure Overlay District. This district introduces specific zoning regulations for data centers and related developments.