Yellowstone County Sues to Block Data Center Voter Initiative

The Yellowstone County Commissioners filed a lawsuit on Wednesday to determine the legality of a citizens' initiative that would require a two-thirds voter approval for data centers. The county argues the measure is invalid as a matter of law and exceeds statutory authority, citing the Montana Supreme Court case Treasure County v. Edlund, which ruled that citizen-led initiatives cannot override county land use planning authority.

The legal challenge targets a grassroots effort led by Kassi Solberg and the group Yellowstone County Voices (also referred to as Yellowstone County Citizens). The group is currently gathering 1,600 signatures to place the measure on the November ballot. This initiative specifically seeks to block or regulate a proposed 5,000-acre data center campus near Broadview developed by Quantica Infrastructure, which intends to utilize 7,000 megawatts of power to meet artificial intelligence demands.

Quantica Infrastructure supports the county's lawsuit, asserting that the initiative is unconstitutional. Conversely, Solberg has criticized the litigation as a "back-room legal maneuver" intended to prevent a public vote on a project that would reshape rural water supplies and power grids. Commissioner Mark Morse stated the county is seeking a declaratory action to clarify if the initiative is something the county can legally pursue in light of the Supreme Court's ruling.