Referendum effort against Box Elder data center project denied

TREMONTON, Utah (KIFI) — Opponents of a Box Elder County data center project won't get to reject the development outright on the November ballot, but are not giving up just yet. They say they are taking their fight to court after county officials rejected an effort to let voters weigh in on the development.

On Thursday, Box Elder County Attorney Stephen Hadfield ruled the referendum applications could not move forward.

The Box Elder Accountability Referendum, known as BEAR, filed applications earlier this month seeking to challenge county approval of the project through a public vote.

Hadfield said Utah law allows voters to challenge legislative actions that create new laws, but determined the resolutions approved by county commissioners for the project were administrative actions and therefore not eligible for a referendum.

“Accordingly, because I am obligated to interpret and uphold the law, I am legally bound to reject the applications for referenda of these resolutions,” Hadfield wrote.

The decision means organizers will not be allowed to collect signatures to place the issue on a future ballot.

BEAR leaders quickly pushed back against the ruling, arguing the county's actions should qualify for a public vote because of the project's long-term impact on Box Elder County.

The group announced plans to appeal the decision to Utah's 1st District Court.

The proposed Stratos Project has become one of the most closely watched development projects in Utah. Supporters say it could bring jobs and economic investment to northern Utah, while opponents have raised concerns about water use, power demand and environmental impacts.

The project is backed by investor Kevin O'Leary, known for his role on ABC's “Shark Tank.”

Despite Thursday's ruling, referendum organizers say they are not backing down.

“This was plan A,” referendum sponsor Brenna Williams said earlier this week. “We've got many plans afterwards.”