Pulaski County Attorney who warned against data center moratorium resigns
Pulaski County Attorney Hamilton Kemp resigned after advising the Quorum Court against enacting a 12-month data center moratorium, citing fears of a lawsuit based on state laws. Kemp warned that a moratorium would likely be considered a ban and lead to litigation. A revised moratorium ordinance is still awaiting consideration by the Quorum Court's Agenda subcommittee.
Pulaski County Attorney Hamilton Kemp has resigned, a county spokesperson confirmed, shortly after he cautioned the Quorum Court against implementing a 12-month moratorium on data center development. Kemp, who had been in the role since November 2024, was not present at the county's June 23 Quorum Court meeting.
Last month, Kemp had advised the Quorum Court that passing such a moratorium would likely result in a lawsuit. He referenced a 2023 opinion from the state attorney general's office and cited the Arkansas Data Centers Act of 2023 and the 2024 Digital Asset Mining Businesses legislation, both of which permit data center construction in the state. Kemp argued that while regulations are permissible, an outright ban, which he believed the moratorium constituted, was not. District 4 Justice of the Peace Julie Blackwood countered that the moratorium was a "limit" and not a "prevention," but Kemp disagreed, stating, "I think that a moratorium is putting a stop to something."
A revised moratorium ordinance is currently pending consideration by the Quorum Court's Agenda subcommittee. An attempt by Blackwood to discharge the moratorium from the Agenda Committee for an immediate vote at the June 23 meeting failed. The Agenda Committee, comprising the entire Quorum Court, is scheduled to meet again on July 14.