NEPA data center opposition responds to executive order

Pennsylvania Governor Josh Shapiro issued Executive Order 2026-05, establishing "Responsible Infrastructure Development (GRID) Requirements" for all new data center proposals. The order mandates developers provide end-user information, shifts additional utility costs to data center companies instead of residents, bans nondisclosure agreements, and requires local community approval prior to state permit consideration by the Department of Environmental Protection (DEP). Additionally, the order removes data center projects from the PA Permit Fast Track Program.

While Lackawanna County Commissioner Bill Gaughan praised the governor for listening to community protests and ensuring utility costs are borne by data centers, local opposition leaders expressed skepticism. Derek Sutcliffe of Moosic criticized the timing, stating the governor "evidently caused" the data center boom with the earlier Fast Track Program. Phil Waisanen, active in opposing a data center in Clinton Township, Wayne County, called the order a "step in the right direction" but noted its limitations, particularly regarding noise guidelines and its status as an executive order rather than a permanent law.

Both Sutcliffe and Waisanen voiced concerns that the executive order does not address specific issues like sound levels or directly help communities lacking specialized zoning ordinances for data centers. Waisanen specifically advocated for a legislative moratorium on data center development, arguing the order only "exacerbated the need." Commissioner Gaughan acknowledged that the executive order does not resolve all local issues, stating, "This fight is not over."