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Data center opponents question whether Cox’s executive order has ‘any teeth’

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Key takeaways

  • Governor Cox's executive order introduces guiding principles for data centers, including protecting the Great Salt Lake, maintaining air quality, and minimizing impacts on utility ratepayers.
  • The move follows intense public pressure and protests over the Stratos Project's potential impact on water use and the environment.
  • The governor indicated that the new framework could potentially delay the development of the Stratos Project.
  • Box Elder County clarified that it has not yet approved or authorized construction for the data center and is reviewing how the order affects state-level procedures.
  • Opponents, represented by the Box Elder Accountability Referendum (BEAR), expressed skepticism regarding whether the executive order possesses enough authority to significantly impact the project.
  • Legislative leaders support the executive order, and additional legislation regarding statewide guardrails for data centers may be considered during a September special session.

SALT LAKE CITY — Utah Gov. Spencer Cox signed a new executive order to provide a framework for data center development across the state — a move he acknowledged comes in direct response to mounting public pressure over the massive Stratos Project data center proposed in Box Elder County.

“Certainly, in response to public — and that’s important, public pressure is important,” Cox told reporters on Friday, after a roundtable meeting about the Great Salt Lake.

The Stratos Project controversy

The Stratos Project, backed by Shark Tank’s Kevin O’Leary, has drawn intense scrutiny in recent weeks, including protests over concerns about water use, air quality, and long‑term environmental impacts.

Demonstrators have repeatedly rallied online and outside government buildings, chanting messages such as “For our children, air, water and land…” and “We’ll keep on fighting!” That pushback extended to Cox after his initial remarks and biting criticism of data center opponents.

New executive order principles

Friday’s new executive order calls for a “higher bar for data center development in Utah.”

The Utah Governor’s Office cited the following guiding principles:

Protecting the Great Salt Lake and other water bodies

Protecting utility ratepayers from higher costs

Protecting air quality; minimizing impact to communities

Providing opportunities for public comment

Supporting economic development and job creation

“The public has brought up some concerns that some of us didn’t think about, and that matters,” Cox said. “They’re concerned about resources, and they should be concerned.”

Governor's changing perspective

With the executive order, Cox acknowledged that the new framework “could potentially delay the (Stratos) project…”

The governor’s tone marks a notable shift from comments he made just weeks earlier, when he expressed frustration with concerns that the project was rushed.

“I’m so tired of our country taking years to get stuff done. It is the dumbest thing ever,” he said during the PBS Utah Governor’s Monthly News Conference on April 30.  “It's not next to somebody's house where people are going to get angry because it's in their neighborhood. … If you can't put this here, then we can't put them anywhere.”

Box Elder County Responds

Following the governor’s announcement, Box Elder County released a statement. The county emphasized that it “has not approved, permitted, or authorized construction of a data center” and its actions were “limited to consenting to the inclusion of certain land in the MIDA project area…”

Because the Stratos Project is being overseen by MIDA and a private developer, it remains subject to applicable state review, permitting, and regulatory processes, questions about how the Governor’s Executive Order may affect those state-level procedures are best directed to the Governor’s Office, MIDA, and the appropriate state agencies,” the statement continued.

However, the county said it supports transparent public engagement and expects future town hall-style meetings and said future updates would be shared on the county’s landing page for the Stratos Project.

Opponents Still Pushing Forward

The Box Elder Accountability Referendum (BEAR), which opposes the Stratos Project, said the executive order doesn’t resolve their concerns.

“Does it have any teeth — that is the question we all have,” said Brenna Williams of BEAR, which is pursuing a legal challenge after the county denied its referendum request.

“All of his concerns are suddenly all of our concerns,” Williams said of Cox’s executive order, “which it’s nice to know he’s at least listening.”

While Williams said she welcomed Cox’s statement that the executive order could delay the Stratos Project, she said she wasn’t betting on it.

“It would be nice if it slowed it down for eternity because we really don’t want it here,” Williams said. “My attorney said it wouldn’t affect any MIDA…projects. I don’t know that it would do anything at all.”

What Comes Next

Cox said he has support from legislative leaders, including Senate President Stuart Adams, and hinted that lawmakers may consider related legislation during a special session in September.

“I had a long conversation with Stuart Adams, the senate president. Usually, legislators don’t like executive orders. This is the exact opposite, fully supportive of the executive order. And that we would be working together for potentially additional legislation for guardrails around data centers statewide…” Cox said.

Box Elder County full statement:

Box Elder County is aware of Governor Cox’s Executive Order establishing a statewide data center framework. At this time, the County is still reviewing the order and any potential impact it may have on state-level processes related to the Stratos Project.

It is important to clarify that Box Elder County has not approved, permitted, or authorized construction of a data center. The County’s prior actions related to the Stratos Project were limited to consenting to the inclusion of certain land in the MIDA project area and entering into an interlocal agreement intended to establish local protections and a process for future review.

Because the Stratos Project is being overseen by MIDA and a private developer, it remains subject to applicable state review, permitting, and regulatory processes, questions about how the Governor’s Executive Order may affect those state-level procedures are best directed to the Governor’s Office, MIDA, and the appropriate state agencies.

Box Elder County supports transparent public engagement and will continue to share updates as information becomes available. The County also expects additional public engagement opportunities related to the Stratos Project, including future town hall-style meetings with MIDA. Dates, times, and details will be shared publicly once confirmed.

As new information becomes available, Box Elder County will continue to share updates on the County’s Stratos Project webpage. Residents may also continue to use that page to submit questions and review official project-related information.

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