Pima County’s Data Center Development Halt Faces Legal Challenge
Pima County’s decision to pause new data center developments for 120 days has sparked legal controversy. The Goldwater Institute, a group promoting Republican and libertarian public policies, claims the county’s action is unlawful. They argue that the moratorium lacks the necessary evidence to prove data centers pose an immediate danger.
Implemented last week by the Pima County Board of Supervisors, the moratorium aims to provide time for assessing zoning rules and health impacts associated with these facilities.
Jon Riches, Goldwater Institute’s vice president for litigation, points out that the moratorium allegedly breaches two state laws. Proposition 207, approved by voters, safeguards against regulations that might harm property values. Furthermore, Title 11 allows temporary pauses only if there is proof of imminent threats posed by the development.
Riches refers to a study framework from the Pima County Health Department and John Hopkins University, noting its lack of empirical evidence showing health risks from data centers. “And what it appears they’re trying to do is really put the moratorium in place so that they can then develop new rules. But state law is pretty clear that counties can’t do that,” Riches commented.
In response, Pima County Supervisor Jennifer Allen argues that the Goldwater Institute is misrepresenting the framework. She clarifies it is intended for internal evaluation, not as official evidence supporting the moratorium. “It is a framework for how we can assess. It is not a report, and I agree with the Goldwater Institute that it’s not a report that says these are all the imminent threats of data centers, or a data center on this particular piece of land in this particular community,” Allen explained.
Allen supports the moratorium, asserting it aligns with Title 11, which permits halts if current zoning fails to protect public health. She cites data centers’ potential to increase local temperatures as a need for further examination. “We have excessive heat warnings. We have death from heat, particularly in rural areas where people don’t have the means to seek shelter,” Allen noted.
While the Goldwater Institute has not yet pursued legal action, Riches mentioned they might represent an affected property owner. The moratorium is slated to conclude in January, coinciding with the county board’s timeline for new zoning law considerations, Allen added.
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