Quorum Court flooded with calls ahead of tonight’s data center vote

The Pulaski County Quorum Court is scheduled to hold a critical vote on a proposed 12-month moratorium on hyperscale data center development in unincorporated areas of the county. The moratorium, co-sponsored by Justice of the Peace Julie Blackwood and originally drafted by Wendell Griffen, aims to provide the county time to study the environmental impacts, including water and electrical consumption, and to develop appropriate regulations.

The proposal has generated significant public engagement, with many constituents contacting Justices of the Peace to express support for the moratorium due to concerns over water usage, electricity demand, and noise pollution. However, the proposal faces legal challenges, with acting county attorney Hamilton Kemp advising that a moratorium could violate the Arkansas Data Centers Act of 2023 (Act 851), which some interpret as authorizing data center operations statewide and limiting county authority to suspend development. Justice of the Peace Dianne Curry, who previously voted against a similar proposal, shares these legal concerns.

Conversely, supporters like Justice Blackwood and former General Counsel John Wilkerson argue that Act 851 is narrowly focused on digital asset mining and does not apply to all hyperscale data centers, thus not precluding a county moratorium. Blackwood is advocating for a revised version of the ordinance that clarifies it as a temporary pause, not a ban, and addresses concerns about compliance with Act 851's language.

This vote comes as Google is developing a $1 billion data center at the Port of Little Rock and AVAIO Digital Partners is developing a $6 billion facility near Wrightsville, both within Pulaski County. The proposed moratorium requires a two-thirds majority to pass and, if approved, will be considered at a June 23 meeting.