Data Center Press Release
Most Recent Update
Court Indicates City of Imperial’s Current CEQA Claims Are Legally Insufficient to Challenge the Data Center Project
Imperial County, CA — February 10, 2026 — At a hearing held today, the Superior Court of California, County of Imperial, ruled that the City of Imperial’s amended legal challenge to the Imperial Valley data center project does not, as currently pleaded, state a legally sufficient cause of action.
By way of background, in early September, Imperial County determined that the data center project, located on industrially zoned land, was permitted by right under the County’s zoning code. In early November, the County approved a ministerial grading permit and issued a notice determining the project was exempt from the California Environmental Quality Act (CEQA). In early December, the City filed a lawsuit against the County and the project developer, asserting that the project required a rezoning and a conditional use permit (CUP), and therefore could not qualify for a CEQA exemption.
After reviewing the County’s zoning code, the County and the developer notified the City of their intent to file a motion for judgment on the pleadings (in effect to dismiss the complaint), on the grounds that neither a rezoning nor a CUP was required. The City agreed to amend its complaint.
The original complaint consisted of 97 paragraphs and 23 pages. The amended complaint expanded to 121 paragraphs and 35 pages. Despite these revisions, the Court today found the amended complaint legally insufficient, effectively concluding that the project does not require a rezoning or a CUP. The Court granted the City leave to amend one final time.
Statements made by the City’s counsel at the hearing indicate that the City intends to file a second amended complaint. The matter will now proceed based on the City’s decision whether and how to further amend its claims.
Today’s development represents an important procedural step. As of now, the court has indicated that the challenge, as currently structured, lacks sufficient legal grounds to proceed.
The proposed data center project, developed by Imperial Valley Computer Manufacturing, LLC, continues to proceed through Imperial County’s established permitting process.
Further updates will be provided as court proceedings continue. Official court minutes are expected to be released at a later date.
Media Contact:
Carlos Duran
Community Information Representative
Imperial Valley Computer Manufacturing, LLC
760-997-8052
