This summer, after months of furious public outcry over a massive proposed data center complex, the Imperial County Board of Supervisors voted to suspend all data center development on county land until mid-2027.
Now, a court appears poised to undo that decision.
In a tentative decision earlier this month, Imperial County Superior Court Judge Jeffrey Jones said the county had failed to identify a current and immediate threat to public health, safety or welfare — the threshold needed to justify an emergency moratorium.
“The findings do not identify the nature of the adverse effect,” Jones wrote. “They identify concerns and the possibility of conflict with regulations still being studied, but not the current and immediate threat required.”
Jones’ tentative decision came as part of a lawsuit brought by Sebastian Rucci, the Huntington Beach-based developer behind that controversial data center project. In March, the Board of Supervisors approved a lot merger that appeared to pave the way for the project.
In June, Rucci sued the county after the Board reversed course and approved the moratorium on data centers.
The judge’s decision is not final and could still be modified, according to California’s court rules.
Imperial County officials said they were aware of the decision. In a statement Friday, spokesperson Eddie Lopez said they would respect the court’s decision and were reviewing their next steps.
“The County’s broader effort to evaluate data center development will continue,” Lopez wrote. “The Board of Supervisors remains committed to hearing from residents, stakeholders, and the Data Center Advisory Committee.”
In an email to KPBS Friday, Rucci emphasized the judge’s preliminary findings. He said he would continue working with the county to respond to “legitimate concerns” and evaluate “reasonable alternatives.”
“The County’s study estimates approximately $2.95 billion in economic output over 30 years—an average of approximately $98.3 million per year,” Rucci wrote, referring to an independent economic analysis by county officials. “Each year of unnecessary delay therefore carries a substantial economic cost to the Imperial Valley.”
A ruling striking down the county’s moratorium would be a major victory for Rucci’s company, Imperial Valley Computer Manufacturing, and other data center prospectors looking to cash in on the artificial intelligence boom.
Data center developers are increasingly looking to rural areas like the Imperial Valley, which is also home to large renewable energy sources and major power infrastructure. The county’s moratorium has frozen all projects on county land — including Rucci’s.
Such a ruling, though, would cut against the groundswell of grassroots opposition to the data center industry that has emerged in the Imperial Valley this year.
Across the region, hundreds of residents have raised concerns about the possible environmental and public health effects of the giant computing warehouses. Those fears have inspired people to start petitions, attend county meetings, knock on doors and hold community town halls to discuss their concerns.
That outcry has inspired a number of the county’s cities to consider their own pauses or bans on data centers locally.
Similar fights are intensifying across California and the nation. As major tech companies continue their aggressive push to build more infrastructure, more communities are pushing back over environmental questions, health concerns and other fears about AI technology.
It’s unclear what a court ruling overturning Imperial County’s moratorium could mean for efforts to restrict data centers in other jurisdictions.
Last week, the San Francisco Chronicle reported that the case, though high-profile, is unlikely to set a far-reaching precedent.
But the lawsuit has made some local officials more cautious. In the northern Imperial Valley town of Calipatria last month, City Councilmember Sylvia Chavez worried they could also face legal action if they tried to ban data centers in the city.
“A sudden, complete ban carries a high risk of litigation,” Chavez warned during a July City Council meeting, before voting against a proposal to advance a data center ban.
Rucci has also launched a slew of other legal challenges. In April, he sued the Imperial County Registrar of Voters to block a potential ballot measure residents were preparing that would have banned data centers on county land.
Other jurisdictions have also faced warnings about lawsuits from developers. To the north in Los Angeles County, the City of Monterey Park faced threats of legal action after city leaders banned data centers earlier this year. But the developer who made those threats later walked them back.
A ruling overturning Imperial County’s moratorium would also be a blow to the sitting supervisors, who have faced sharp criticism for their vote to advance Rucci’s project earlier this year.
Two supervisors, John Hawk and Jesus Eduardo Escobar, are currently up for reelection. Neither responded to requests for comment Friday.
