Imperial County reviews next steps after court sets aside data center moratorium
The Imperial County Superior Court ordered the county to set aside its temporary moratorium on data center development, finding insufficient evidence of an immediate threat to public health or safety. The ruling stemmed from a challenge by Imperial Valley Computer Manufacturing LLC. Imperial County respects the ruling and will continue evaluating policies for future data center development, engaging its Data Center Advisory Committee.
Imperial County is assessing its options after the Imperial County Superior Court overturned a temporary moratorium on data center development in unincorporated areas. The court's decision, issued on August 21 by Superior Court Judge Jeffrey B. Jones, found that the county's justification for the moratorium did not adequately demonstrate a "current and immediate threat" to public health, safety, or welfare, as required by California Government Code Section 65858. The ruling specifically directed the county to cease enforcing Ordinances 1616 and 1618.
The legal challenge was initiated by Imperial Valley Computer Manufacturing LLC against the county and its Board of Supervisors. While the court set aside the moratorium, it did not approve any specific data center development nor determine the ultimate zoning regulations applicable to the company's projects.
Despite the court's ruling, the Imperial County Board of Supervisors affirmed its commitment to continue its broader effort to evaluate future data center development. The Data Center Advisory Committee, established in June to gather community input and recommend policies, will proceed with its work to inform appropriate regulations for such projects within the county.