Gov. Kotek Misrepresents Authority of Legislature Re Statewide Data Center Moratorium

August 17, 2026 - Beaverton, Oregon

Oregonians alarmed about damage by data centers across our state now have even more cause for concern after reading Gov. Kotek’s August 7, 2026 press release in support of local governments putting a halt on further expansion.

Gov. Kotek’s press release rightly points to “locally set” moratoria such as those recently passed in Hillsboro, Salem and La Pine, as appropriate steps against the harmful impacts of these huge resource hungry buildings. Surprisingly, the Governor then makes the unusual claim that “the state lacks authority to enact a statewide moratorium.”

Concerned Oregonians should wonder, what is behind this pre-emptive concession by the Governor of power held by our representatives? This is an important question because lawmakers and concerned citizens have already launched moratorium bills in fifteen states. Some failed and others await approval, but all of them certainly fall within the broad legislative power of each state. Notably, New York Governor Hochul has made NY first in the nation with her bold executive order establishing a task force and calling for a new regulatory framework for data centers in her state. Not only does she know NY state has such authority, Hochul is using her leadership role to exercise it.

We look forward to more clarity on the Governor’s position, but we have no time to lose. A new statewide coalition, Oregon Data Center Defiance, has proposed a bill imposing a 3-year moratorium on data center expansion, together with a framework of standards and conditions data centers must meet before continued development.  Four representatives and two legislative candidates announced their support recently and many more are joining every week.  Citizen activists, environmental groups, and elected leaders will join together for a rally and lobby day event at the capital in Salem on September 8th to build additional support for the bill, now set to enter the 2027 session.

With the Gov.’s Advisory Committee about to release its report, we wonder if our Governor’s recent claim that we lack agency to use state law to stop this industry from further damaging our state is setting the stage for her to decline support for a moratorium, even if her committee recommends one? Or, maybe she mistakenly believes that Oregon’s Moratorium Statute (ORS 197.505-197.540) only gives cities, councils and special districts authority to impose moratoria and therefore somehow limits the power of the state? Another very disturbing possibility is that her campaign is receiving data center support through direct donations or dark money.  Could this be the source of this imagined legal limitation?

To be clear, the Oregon legislature has broad legislative power under our constitution. That power includes authority to impose a statewide moratorium on the permitting or expansion of data centers. Accordingly, we will fight for a much-needed statewide moratorium, and we ask all Oregonians including the Governor to join us. She herself argues that a pause is what we need “until we can get this right.” We agree.

Oregon Data Center Defiance (ORDCD.org) is a coalition of individuals and organizations located throughout Oregon who are working to reign in the unchecked development of data centers in our state. We welcome all Oregonians to join in the fight for policy centered around the needs and wants of people, and not big tech. Dam Date Centers is a task force of Indivisible Washington County, a local community of pro-democracy grassroots activists organizing through Indivisible.org.

indivisiblewashco@gmail.com