BLM asks judge to set aside Boulder City data center approval
The Bureau of Land Management has asked a judge to set aside its approval of a data center near Boulder City, Nevada, to conduct additional environmental review. This request comes after a judge previously halted the project's construction due to appeals from Boulder City and environmental groups. A new bill has also been introduced by Rep. Dina Titus to prevent similar right-of-way changes for data centers without a separate environmental review.
The Bureau of Land Management (BLM) has filed a motion requesting a judge to set aside its controversial approval of a data center project near Boulder City, Nevada, to allow for further environmental review. This action comes weeks after Interior Board of Land Appeals Administrative Judge David Gunter issued a stay, halting construction on the project in response to consolidated appeals from Boulder City and environmental organizations like the Center for Biological Diversity and the Sierra Club. Judge Gunter's ruling highlighted that the BLM had improperly relied on a prior environmental review for a solar project, despite the data center having fundamentally different environmental impacts requiring new analysis under the National Environmental Policy Act (NEPA).
The developer, Townsite Solar 2 LLC, has indicated its support for the BLM's motion, stating a willingness to undergo additional environmental review and work with all parties. However, Boulder City officials are opposed to the motion, citing concerns that it does not guarantee public involvement, designate the city as a cooperating agency, or ensure a comprehensive environmental assessment, while also lifting the current stay on construction. The city's initial appeal stemmed partly from Townsite Solar 2 LLC having previously sought a lease on city-owned land that would have generated significant revenue, with the Boulder City Planning Commission having recommended rejection of the data center proposal.
In a related development, Rep. Dina Titus, D-Nev., whose district includes Boulder City, has introduced legislation aimed at preventing the BLM from approving data center right-of-way changes without separate, thorough environmental reviews. The proposed bill seeks to close a loophole that allows data centers to bypass standard environmental timelines through categorical exclusions, a practice highlighted by the Boulder City project. The Center for Biological Diversity criticized the bill as insufficient, advocating against data centers on public land entirely, while a public interest law firm argued it would create an unfair burden on the industry.