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ARTICLE · 20 AUGUST 2026

Pennsylvania Data Center Executive Order Adds New Development And Permitting Requirements

K&L Gates
K&L Gates
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Pennsylvania Governor Josh Shapiro's Executive Order 2026-05 fundamentally reshapes how large data center projects navigate state permitting by requiring developers to choose between signing a consent agreement with strict community engagement requirements or facing significantly delayed review timelines. The order prioritizes local land use approvals over state environmental permits and introduces new transparency mandates while removing data centers from expedited permitting programs. Critical questions r

United StatesEnvironment
John C. Crossley
John C. Crossley
Tad Macfarlan
Tad Macfarlan
David J. Raphael
David J. Raphael

On 18 August 2026, Governor Josh Shapiro signed Executive Order 2026-05, Protecting Pennsylvania Consumers from Data Center Impacts. The order does more than restate the Governor’s Responsible Infrastructure Development (GRID) Requirements from earlier this year. It gives those requirements real force by changing how large data center projects move through the commonwealth’s permitting process and, notably places community land use decisions ahead of state environmental review. For a developer that does not agree to the new requirements, the order does not impose a formal moratorium, but it can operate like one in practice.

A Two-Track Choice

The order reaches any data center with peak demand above 25 MW, which captures effectively every project of commercial significance now under discussion in Pennsylvania. From there, the practical consequences turn almost entirely on a single choice the developer has to make early, and that choice sets the tone for everything that follows.

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