Data center projects in Pennsylvania face stronger local scrutiny after Shapiro’s executive order
Pennsylvania Governor Josh Shapiro signed an executive order to place restrictions on the state's review of data center permits, citing the Environmental Rights Amendment. This action follows similar moves by New York and Texas governors, who implemented moratoriums on data center permitting due to environmental and electric grid concerns. The trend reflects increasing public backlash and governmental reliance on executive powers to regulate data center development.
Pennsylvania Governor Josh Shapiro recently issued Executive Order 2026-05, imposing new restrictions on the state's review process for data center permits. The order, signed on August 18, 2026, notably cites the Environmental Rights Amendment to the Pennsylvania Constitution as a key justification. The executive director of Penn State’s Center for Energy Law and Policy has highlighted this legal tool's potential power in policy responses to data center proposals, underscoring a growing trend of public and governmental scrutiny toward data center development.
This action by Governor Shapiro mirrors initiatives in other states. In July 2026, New York Governor Kathy Hochul enacted an effective moratorium on data center permitting, pending the completion of a generic environmental impact statement by the state’s Department of Public Service. Similarly, in August 2026, Texas Governor Greg Abbott announced a moratorium on data centers until state agencies could audit data concerning their impacts on the electric grid. These executive orders across multiple states illustrate a broader pattern of governors utilizing their executive authority to address the increasing environmental and infrastructural concerns associated with data center expansion.