Imperial County considers data center moratorium after court ruling

Imperial County is preparing to present a new proposed moratorium on data center developments to its Board of Supervisors. This move follows a tentative ruling by an Imperial County Superior Court judge, L. Brooks Anderholt, which requires a full environmental review for a planned 330 MW data center project.

The court found that the County improperly treated project approvals as ministerial and relied on an outdated 2017 environmental review that failed to address current development proposals. If the ruling is finalized, the County must prepare an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA) before permits can be processed.

The disputed project, proposed by Imperial Valley Computer Manufacturing, LLC, involves a 950,000-square-foot facility on approximately 75 acres. The development includes a substation, a battery energy storage system, water treatment facilities, and emergency natural gas generators. County staff are currently evaluating the court’s decision and state law requirements to ensure the new moratorium is legally sound.