Judge strikes down County freeze on data center approvals

An Imperial County Superior Court judge, Jeffrey B. Jones, has ruled in favor of Imperial Valley Computer Manufacturing, LLC, striking down the county's emergency moratorium on data center approvals. The judge determined that two urgency ordinances, 1616 and 1618, failed to meet California law's requirement for findings of a "current and immediate threat" to public health, safety, or welfare to justify a temporary halt on permits. The ruling issued a peremptory writ of mandate, compelling the County and Board of Supervisors to cease using the ordinances to block data center permits.

While this represents a legal victory for the developer's proposed 330-megawatt, 950,000-square-foot AI campus near Aten and Clark roads, it does not clear the path for immediate construction. Judge Jones expressly avoided ruling on applicable zoning rules or mandating specific processing of the company's applications. Furthermore, a separate legal case, overseen by Judge L. Brooks Anderholt, already mandates a full environmental impact report under CEQA (California Environmental Quality Act) before the project can proceed.

The project, which includes a 330 MW substation and an 862 MWh Tesla Megapack battery system, has faced significant community backlash, including objections from residents, the City of Imperial, and environmental groups regarding its scale, proximity to neighborhoods, water and power demands, and air quality. The county had initially approved a lot merger in April but reversed course and imposed the moratoriums in response to public hearings. The recent court judgment marks a critical check on the county's use of urgency moratoriums, emphasizing the strict legal requirements for such measures, though it leaves unresolved the CEQA litigation, water disputes, and potential future zoning amendments.