Nonprofit and Residents File Lawsuit Against Utah Data Center Project
A progressive nonprofit organization, along with five residents from Box Elder County, has initiated legal action against government officials and a special oversight group managing Kevin O’Leary’s Stratos Project data center. The lawsuit alleges that the rights of local residents are being violated.
Filed in Utah’s Third District Court on Wednesday by the Alliance for a Better Utah and a group of anonymous plaintiffs, the suit challenges the constitutionality of the Military Facilities Development Authority (MIDA). This entity is responsible for overseeing proposals for data centers, including the one in question.
A spokesperson for the Alliance for a Better Utah indicated that the plaintiffs seek to dispute the legitimacy of MIDA’s powers as a non-elected agency that, they argue, has not been sanctioned by the Utah Constitution. According to attorney David Irvine, representing the plaintiffs, MIDA’s authority poses significant risks to public health, safety, taxation, and land use in Box Elder County, allowing oversight without voter input.
The lawsuit contends that granting MIDA jurisdiction over data center development undermines public engagement and effectively disenfranchises county residents. The complaint asserts that actions taken by MIDA and other involved parties grant the unelected board legislative powers affecting critical community issues.
In addition to MIDA and the Box Elder County Commission, the suit names Utah Senate President J. Stuart Adams and state Senator Jerry Stevenson, who is also a MIDA board member. Irvine has noted that their joint roles may violate state rules against holding multiple public trust positions, potentially invalidating the data center’s approval.
While Adams and Stevenson have yet to respond to inquiries regarding the lawsuit, a MIDA spokesperson acknowledged that they are contemplating a legal response. Meanwhile, a spokesperson for Box Elder County mentioned that officials are awaiting formal notification of the filing. Once they review the documents, the county will assess the situation accordingly.
The original proposal for the Stratos Project included the construction of a sprawling 40,000-acre AI data center campus in Hansell Valley, Utah. In light of growing political opposition, O’Leary stated that the project should be “scaled back.” In response, Senator Adams requested a significant reduction of the project’s size, leading to an agreement that has proposed a 75% cut, as well as commitments to environmental standards and community input.
The Box Elder County Commission had already granted initial approvals for the project in May. Furthermore, Governor Spencer Cox signed an executive order emphasizing environmental and consumer protection measures related to the proposed data center. With ongoing discussions, the community remains vigilant as the legal challenges unfold, seeking to ensure their voices are heard in the decision-making processes impacting their locality.
The lawsuit seeks a court ruling to declare the actions taken by MIDA and the County Commission unconstitutional while also identifying Adams and Stevenson as illegitimate appointees to the MIDA Board. The plaintiffs are additionally pursuing an injunction to prohibit any further efforts to implement the Stratos Project Regional Plan, underscoring their commitment to safeguarding local governance and community voice.
