Montana County Commission Grapples with Data Center Regulation Under New State Law

When Quantica Infrastructure proposed a 5,000-acre data center in Broadview last August, public pushback began. The county commission was flooded with citizen calls and a petition garnered over 7,000 signatures. County officials were unsure whether regulating the development was legal due to the 'Right to Compute Act.' Mark Morse, the Yellowstone County Commission Chair, stated that the law limited their power regarding computational resource development.

The state law ties the development of computational resources to constitutional rights, such as property and freedom of expression. This means government actions that restrict these resources are limited unless the action is driven by a compelling governmental interest, such as the preservation of public health and safety.