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ARTICLE · 06 AUGUST 2026

New York Enacts First Statewide Moratorium On Data Centers

Beveridge & Diamond, P.C.
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Among other measures, the Executive Order directs the New York State Department of Environmental Conservation (DEC) to pause its review of incomplete permit applications for the construction or expansion of data centers that consume or can consume at least 50 megawatts of energy, while the Department of Public Service (DPS) develops a Generic Environmental Impact Statement (GEIS).

United StatesEnvironment
Katrina M. Krebs
Katrina M. Krebs
John H. Paul
John H. Paul
Angie Lai (2024 Summer Associate)
Angie Lai (2024 Summer Associate)

On July 14, 2026, through Executive Order No. 62, New York Governor Kathy Hochul imposed a temporary statewide moratorium on data center projects. Among other measures, the Executive Order directs the New York State Department of Environmental Conservation (DEC) to pause its review of incomplete permit applications for the construction or expansion of data centers that consume or can consume at least 50 megawatts of energy, while the Department of Public Service (DPS) develops a Generic Environmental Impact Statement (GEIS). The GEIS will be used to assess potential data center impacts under the State Environmental Quality Review Act (SEQRA).

New York is the first state to adopt a moratorium on large-scale artificial intelligence (AI) infrastructure. The moratorium reflects a growing concern among policymakers that data centers place significant demands on electric grids, water supplies, and local communities. According to the Governor's Office, the pause will allow New York to

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