Imperial County lawsuit challenges ‘Data Center Prohibition Act’ over claims of voter overreach
Five Imperial County residents have filed a lawsuit to block the proposed "Imperial County Data Center Prohibition Act" ballot initiative, which seeks to ban large-scale data centers in unincorporated areas due to environmental and water concerns, arguing it's unconstitutionally broad. Separately, the City of Imperial has filed a lawsuit challenging the county's approval of a grading permit for Imperial Valley Computer Manufacturing, LLC. These legal actions highlight ongoing debates over data center development in the region.
Five Imperial County residents have initiated a significant legal battle in the Imperial County Superior Court, seeking to halt the "Imperial County Data Center Prohibition Act" from reaching voters. This proposed ballot initiative, filed on April 30, aims to outlaw large-scale data centers consuming five megawatts or more in unincorporated county areas. The lawsuit, brought by petitioners Tom Dubose, Kevin Smith, Ryan Dickerson, Daryl Dickerson, and Carl Stills, contends the measure violates state single-subject rules for ballot initiatives by combining a land-use ban with complex government ethics and enforcement provisions. They argue the initiative is an unconstitutional overreach designed to disable legislative revision and chill political speech, also citing concerns about its retroactivity clause.
Proponents of the ban, including Kristian Salgado and James H. Tison, assert that data centers pose a severe threat to Imperial County's fragile ecosystem, particularly its limited Colorado River water supply and the Salton Sea's environmental stability. They highlight the massive water demands for cooling and the potential exacerbation of toxic dust exposure from the Salton Sea, which is linked to high pediatric asthma rates. The initiative seeks to amend the county's General Plan and zoning laws to prohibit data centers meeting specific size or power thresholds, also introducing strict personal liability for county employees and misdemeanor penalties for non-compliance.
In a separate but related legal development, the City of Imperial filed a lawsuit against Imperial County challenging the county's approval of a grading permit for Imperial Valley Computer Manufacturing, LLC. The Sierra Club attempted to intervene in this case but was opposed by county attorneys for missing filing deadlines. Judge L. Brooks Anderholt is overseeing both cases, with the outcome potentially reshaping Imperial County's economic and environmental landscape regarding data center development.