Wilmington voters will not have say in data center
A citizen initiative in Wilmington, Ohio, aimed at adding data center regulations to the city's zoning code, will not appear on the ballot after the Ohio Supreme Court ruled the city lacks authority to enact such an ordinance. This decision affects a proposed Amazon data center project that a local citizens' group has been opposing due to environmental and health concerns. The court's ruling effectively removes a potential avenue for local regulation sought by the opposition.
The Ohio Supreme Court has ruled that a citizen initiative to introduce new data center regulations into Wilmington's zoning code cannot proceed to the Nov. 3 ballot. The court stated that the city of Wilmington does not possess the authority to enact such an ordinance, a decision that led the Clinton County Board of Elections to reject certifying the petition.
This ruling represents a significant development for a citizens' group actively opposing a proposed Amazon data center in Wilmington. The group contends that the project was concealed from the public for approximately 18 months, limiting opportunities for community input. Citing concerns over noise, air pollution, water contamination, and a perceived loss of local control, the group's objective is to halt the data center's approval until an independent impact analysis and a comprehensive remediation plan, funded by Amazon, are in place.
The proposed ordinance, which failed to pass the Supreme Court's legal review, aimed to establish specific standards for various operational aspects of data centers, including noise levels, lighting, airborne emissions, generator testing frequency, water usage, discharge, and heat generation. However, the court concluded that the initiative would have created a new cause of action, extending beyond the municipality's powers.