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ARTICLE · 10 SEPTEMBER 2026

Pennsylvania Tightens Permitting Rules For Large Data Centers

Barnes & Thornburg LLP
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Pennsylvania Governor Josh Shapiro's Executive Order 2026-05 establishes a comprehensive regulatory framework for data center development, creating a two-track permitting system that distinguishes between facilities willing to comply with new GRID Requirements and those that decline.

United StatesEnvironment
William C. Rhodes
William C. Rhodes
William Harper
William Harper
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Highlights

  • Developers of large data centers (those with peak demand exceeding 25 megawatts) must execute a Consent Order and Agreement with the Pennsylvania Department of Environmental Protection (DEP) incorporating the GRID Requirements or be subject to additional requirements — and potential delays — in obtaining state environmental permits.
  • Data center developers that decline to execute a consent order and agreement will be required to demonstrate compliance with local comprehensive plans, obtain all local approvals, and secure required water authorizations before DEP will begin reviewing permit applications, and permits will not be issued on a rolling basis.
  • To protect consumers from increased energy costs, the Governor's Special Counsel for Energy Affordability is directed to advocate before the Pennsylvania Public Utility Commission for the adoption of rules to ensure that data centers bear the costs of the increased energy consumption and to ensure that data center

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