How Montana’s ‘Right to Compute Act’ stymies data center regulation
Montana's 'Right to Compute Act' is hindering Yellowstone County officials' ability to regulate data center developments, as local officials struggle to respond to citizen concerns. Citizens submitted a petition against a proposed 5,000-acre data center by Quantica Infrastructure, but a district court invalidated it on procedural grounds. The legal implications of the state law regarding local regulatory power remain unaddressed by the court.
Yellowstone County officials in Montana are facing challenges in regulating data center developments due to the state's newly enacted 'Right to Compute Act.' This law, passed in 2025, links computational resources like data centers to constitutional rights, making it difficult for local governments to impose restrictions without demonstrating a compelling public interest.
Yellowstone County Commission Chair Mark Morse expressed uncertainty regarding the county's regulatory authority, stating the law's language is vague and leaves commissioners vulnerable to lawsuits. This situation arose after Quantica Infrastructure proposed a 5,000-acre data center in Broadview, prompting immediate community pushback over water consumption and energy rates.
Local citizens organized a petition seeking to require two-thirds voter approval for any data center development, gathering over 7,000 signatures. In response, Yellowstone County Commissioners sought a district court judgment on the constitutionality of the citizen petition. Quantica Infrastructure also filed a court document, citing the Right to Compute Act to challenge the petition's validity.
On August 11, the Yellowstone County District Court invalidated the citizen petition, not on the merits of the Right to Compute Act, but due to a failure to meet a procedural deadline. This decision left the core question of the state law's impact on local regulatory authority unaddressed, leaving county officials still unsure of their powers.