Who gets a say, and who doesn’t

In 2025 the Legislature passed Senate Bill 212, the Right to Compute Act, sponsored by Sen. Daniel Zolnikov, R-Billings. It passed the House 61–38 and the Senate 50–0.[2] It is now codified at MCA 2-10-201 through 2-10-207. Its core section says government actions restricting the private use of computational resources must be limited to those “demonstrably necessary and narrowly tailored” to a compelling government interest.[1]

That is the language of strict scrutiny, the hardest test in constitutional law. Yellowstone County officials have cited it as a roadblock to regulating the Broadview project.[3] The Montana Free Press has reported that the bill’s sponsor previously worked for Broad Reach Power, whose parent company the paper describes as a stakeholder in Quantica.[2]

In August 2026 a residents’ group, Yellowstone County Voices, asked the county commission for emergency interim zoning to pause the project while its effects were studied. The commission agreed to discuss it but took no action; the chair, Commissioner Mark Morse, spoke of “powers we do not possess.”[4][3]

On September 22 the three commissioners, Mark Morse, Mike Waters and Chris White, approved a letter asking Yellowstone County’s legislative delegation to amend the Right to Compute Act in 2027 so it does not limit county zoning, permitting, or health and safety authority.[5] That is a request to the next Legislature, which convenes in January 2027.

Broadview resident Kassi Solberg led a petition drive for a countywide initiative on data centers. Organizers reported 14,980 signatures. A District Court upheld the initiative’s invalidation after it missed a July 13 deadline under current law; 16,650 valid signatures were required.[6][7]

Solberg filed a second initiative aimed at the May 4, 2027 election.[5] It would require two-thirds voter approval in a county election before any data center could start or resume operations; require interim zoning to pause the Broadview project and study its effects; and require the county to disclose communications with people tied to the data center industry.[7]

On October 6, 2026, the commissioners voted 3–0 to file a validity lawsuit asking a District Court to rule the initiative invalid before signature gathering begins. The county argues the initiative exceeds county authority, that the Montana Supreme Court’s decision in Treasure County v. Edlund bars zoning by public vote, and that the disclosure requirement conflicts with the Public Records Act; it also flagged the Right to Compute Act. Quantica backs the county’s position. By statute such suits move ahead of other district court business.[7]

The county attorney who brought the suit, Scott Twito, resigns effective October 25, 2026. The commission is to consider appointing an interim county attorney on October 27.[8]

NorthWestern Energy signed a letter of intent on July 30, 2025 to provide up to 1,000 MW to Quantica’s project.[11] By early 2026 its letters of intent with three data center developers totaled about 1,400 MW.[10]

On November 17, 2025, Earthjustice filed a complaint at the PSC for nine groups: Big Sky 55+, Butte Watchdogs, Climate Smart Missoula, Golden Triangle Resource Council, Helena Interfaith Climate Advocates, Honor the Earth, MEIC, MontPIRG and NW Energy Coalition. They seek to stop NorthWestern from shifting the cost of serving data centers onto residential customers, and ask for a separate data center rate class that pays its full cost of service.[9][11] NorthWestern moved to dismiss in February 2026.[10]

The PSC’s own front page lists the related proceedings: an investigation into resource adequacy and data centers, NorthWestern’s large load tariff, the proposed NorthWestern–Black Hills Energy merger, and NorthWestern’s 2026 integrated resource plan.[12] The merger was announced in October 2025; news reports give its docket as 2025.10.078.[13]