Data center opponents continue to press for oversight, despite shortage of signatures

But that project, in Broadview, has shown no signs of slowing down, and commissioners said their hands are tied and declined to take any immediate action. 

That didn't satisfy opponents. 

“We simply do not want our precious resources gobbled up by computers,” Molt resident Tracy Linder told commissioners. “We want clean and plentiful water, clean air and a safe, quiet environment.”

Commenters noted that some had helped gather hundreds of signatures during a summer heat wave in support of an initiative that would have put approval of data centers up for approval. 

Petitioner Kassi Solberg said backers of the initiative had gathered 14,980 signatures by an initial Aug. 12 deadline provided by the county.

“You have shown in just five weeks what can be done when people stand shoulder to shoulder on common ground,” Solberg said during public comment, speaking to her fellow initiative supporters. “Despite many obstacles and a short amount of time, collectively we gathered 14,980 signatures. I believe you have made history.”

The number was still beneath the 16,000 needed to be placed on the November ballot. And about half of those signatures wouldn't have been counted, as the county recently determined — and a judge affirmed — that the actual deadline for signatures was back in mid-July. 

Yellowstone County Election Administrator Dayna Causby has reported that 7,706 signatures were accepted before the July deadline.

Even without the initiative, Solberg suggested the county could still take action to increase regulation of data centers, including by potentially implementing interim zoning. She pointed to state law that allows for such measures if there’s a need to address an emergency that involves public health, safety, morals or general welfare. 

Alani Bankhead, the Democratic candidate for U.S. Senate, was also in attendance and spoke to commissioners during the meeting. An Air Force veteran who lives in Helena, Bankhead said she’s seen the government erode before her eyes in the past 25 years. 

“And right now there are two Americas and two Montanas,” Bankhead said. “In one America, the law supports the powerful and the rich. In the other America, regular citizens don't get their fair shake in the law. Those who have money get their way, and those who don't don't. Government needs to get back to treating everyone fairly and honoring their word.”

She said that during her time in the military, it honored its original commitments to the public, even when it made an administrative error.  

“You made the error in the deadline to submit signatures, and no amount of legal nuance absolves you of your responsibility to make it right and fair,” Bankhead said. “Honor your original commitments.”

As the meeting progressed, it gradually grew more contentious between people frustrated and critiquing the past actions by the county —  including the deadline shift, Yellowstone County’s ongoing lawsuit over the initiative itself and the county's now-withdrawn signature gathering policy — and the commissioners themselves. 

“I have a concern and a question,” said resident Bridget Haggerty, who was a first-time attendee of a county commission meeting. “My concern is, what other laws is our Yellowstone County Attorney unaware of? And my second question is, why do the citizens have to bear the brunt of ignorance? This is really startling to me. Very, very startling. But it sounds like the three of you have an opportunity to make their ignorance right. So I hope that you'll let this either be on the ballot or think about what they're saying."

After another commenter went past the typical three minutes allowed, commission chair Mark Morse repeatedly said, “Your time is up.”

“You know, you should be respectful,” Morse said. “You should be respectful. The rule is everybody gets three minutes. If you go past three minutes, you’re done.”

Morse was berated and booed during the latter half of the meeting. One of the final comments from Laurel resident Laura Kirschenmann asked for the commissioners to be treated with a bit more respect, but still sought some way to get data center regulation on the ballot.

After the meeting, Yellowstone County posted a discussion agenda for Thursday with the item Kassi Solberg - Interim Zoning. No background or additional details were provided. 

The county also sent out a guest editorial from Mark Morse after the meeting to the media that effectively rejected the idea of bringing the initiative to a vote in November. 

In his piece, Morse explained that the county’s authority is limited, following the implementation by the state Legislature of the Right to Compute Act. It is assessed to limit what local entities can do to regulate data centers, unless it meets a compelling government interest. Morse's editorial also provided background on the county’s lawsuit against the initiative, which the county has claimed is illegal following a recent Montana Supreme Court ruling. 

“Yellowstone County and the Commissioners are caught between individuals trying to invoke the citizen petition initiative process and state laws limiting the Commissioners’ authority,” Morse wrote. “In this matter, Yellowstone County is trying to stay neutral. We have only filed the lawsuit asking for a validity determination. ... The Commissioners need to be fair by treating all interested parties equitably or risk a lawsuit that could ultimately impact taxpayers from either side.”