New York Enacts Nation's First Statewide Large Data Center Moratorium
Companies planning new or expanded large-scale data center projects in New York face an immediate, year-long freeze on discretionary construction permits while the state develops binding environmental and operational standards for the facilities.
On July 14, 2026, New York Governor Kathy Hochul signed Executive Order No. 62, implementing the nation’s first statewide moratorium on new large-scale data centers consuming 50MW or more of electricity. The order, which took effect immediately, directs the state Department of Environmental Conservation to pause all discretionary construction and expansion permits for covered facilities while the Department of Public Service completes a report assessing their environmental impacts, including energy demand, water use, air quality, and disproportionate effects on disadvantaged communities. The moratorium will remain in place until final regulatory standards are issued, a process expected to take up to one year. Companies with pending large data center projects in New York must pause permit applications, track the state’s ongoing regulatory assessments, and evaluate potential legal challenges to the moratorium if their project timelines are delayed.