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Staff briefs planning commission on data center lawsuit, lot merger and outstanding water and permitting issues
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Summary
City staff updated the planning commission on an ongoing CEQA lawsuit, a county-approved lot merger for a proposed data center, pending motions and unresolved water and permit approvals; staff also noted a citizen initiative circulating to prohibit data centers.
City staff provided a legal and permitting update to the Imperial City Planning Commission on April 22, outlining multiple parallel tracks related to a proposed data center in Imperial County.
A staff representative summarized the city's litigation history: the city filed a CEQA challenge and has filed an amended complaint; the developer and county have filed motions for judgment on the pleadings and hearings are pending. Staff said the county board of supervisors approved a lot merger, which changed project facts since the original complaint was filed, and that the city has filed a first amended complaint and may file further amendments. “We filed our first amended complaint,” staff told commissioners, and described upcoming hearings and motions related to the pleadings.
Staff said multiple permits remain outstanding for the project — grading, building and approvals from the local air pollution control district — and that water and power remain unresolved. The staff member noted a Title 22 study (reclaimed-water assessment) that the developer paid for and said it indicates potential reclaimed-water capability, but that state or regional boards would still need to permit any reclaimed-water use for a project of this type.
Staff also said citizens have circulated a proposed ballot initiative that, if accepted through the county process, would seek to prohibit data centers in the county; staff indicated they had not yet reviewed the text. Staff noted other related lawsuits at the federal level involving several named officials and reporters; the staff update stressed that many items are in active litigation and that the city will keep the public informed.
Commissioners were told there are many moving parts — regulatory permits, pending judicial rulings on procedural motions, the county lot merger and potential citizen initiatives — and that any future settlements or actions would involve public notice and community participation.
This summary reflects the staff briefing during the April 22, 2026 planning commission meeting; it reports the staff member’s description of pending actions and does not adjudicate claims or outcomes.
