Foley & Lardner·REGULATORY / GOVERNMENT

Texas Halts All Data Center Permitting Statewide

Texas Governor Greg Abbott has ordered an immediate, statewide halt to all new and pending data center permits, pending comprehensive grid and water use audits.

On September 21, Texas Governor Greg Abbott ordered a halt to all environmental permits for data center projects, creating a statewide, multi-agency standstill on development. The directive to the Texas Commission on Environmental Quality (TCEQ) expands on previous state audits of grid interconnection and water usage, and explicitly states that no state agency may move forward with regulatory approvals for data centers until the audits are complete. Sophisticated counsel and their clients in the technology, energy, and project finance sectors care because this immediately freezes development timelines, even for projects that have already secured power agreements. The order also imposes new mandates, requiring data center projects to cover 100% of their electrical infrastructure costs and demonstrate a reduction in residential electricity bills. Furthermore, the governor plans to work with the legislature to eliminate all state and local financial incentives for data centers, fundamentally altering the economics of these projects. Developers and investors must now re-evaluate their Texas portfolios and closely monitor the results of the state's grid and water audits, which are expected to take several months. The TCEQ must report its compliance progress by October 19, 2026.

texasdata-centersregulatorypermittingenergy-gridinfrastructuretceqercot
Read the original firm alert → Thursday, September 24, 2026

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