The Court Has Ruled. The Law Is Clear. It’s Time to Build.
At some point, the arguments run out and the decision remains. That point has been reached in the dispute over the Imperial Valley Data Center.
The legal argument has been resolved. The Superior Court ruled the City of Imperial’s complaint legally insufficient — affirming that the project’s ministerial approval was correct and that the attempt to force it into a discretionary review process has no legal foundation. The law has been applied. The outcome is clear.
The environmental argument has been resolved by the project’s design. The water consumption concern is addressed by the recycled wastewater system. The grid impact concern is addressed by the dedicated substation and the 862 MWh BESS. The land use concern is addressed by I-2 Heavy Industrial zoning that exists precisely to accommodate facilities of this type.
The economic argument is not a argument — it is arithmetic. 1,688 union jobs. $72.5 million in one-time tax revenue. $28.75 million annually thereafter. These are the largest numbers of their kind in Imperial County’s history, from a single project, on land that has been waiting for this use for decades.
What Remains
What remains is an appeal filed by a city that the trial court already ruled against. An appeal that will cost more public money to pursue, add more time to the project’s delay, and arrive at an outcome that the legal framework makes increasingly difficult for the city to win. The appellate court will review the same legal questions the trial court addressed. The by-right zoning doctrine has not changed. The ministerial approval framework has not changed. The Permit Streamlining Act has not changed.
What also remains is a federal civil rights lawsuit that has placed individual officials on notice that the personal financial cost of continued obstruction is no longer zero. The discovery process that lawsuit will generate may produce the documented evidence of coordination and retaliation that the complaint alleges. The officials named in it are making a calculation about whether continued aggressive obstruction is worth the personal exposure it creates.
And what remains is the community’s voice — the residents of Imperial Valley who have the most to gain from this project and who have been largely absent from the public record of a dispute dominated by organized opposition groups, city officials with competing political interests, and a media environment that has given more coverage to the allegations against the developer than to the legal outcomes that dismissed them.
The Time for Waiting Is Over
The County of Imperial has approved this project. The Superior Court has validated that approval. The developer has committed $10 billion in capital, filed a federal civil rights lawsuit to defend the project’s legal rights, and continued to advance development through years of coordinated obstruction.
The people of Imperial Valley have waited long enough. The jobs that would have been filled during these years of litigation are not retrospectively available. The tax revenue that would have been collected is not coming back. The water recycling project that was blocked, the wastewater treatment upgrades that would have benefited El Centro and Imperial, the Salton Sea contributions that would have flowed from an operating facility — none of this can be recovered for the time that has been lost.
What can be recovered is the future. The project is legal. The economic case is overwhelming. The community deserves to have its institutions honor the approval that was lawfully granted and let this project become what Imperial Valley has been waiting for it to be.
The court has ruled. The law is clear. It is time to build.
