Governor Abbott’s Environmental Permitting Freeze Expands Pause on Texas Data Center Development to All Texas Data Centers Pending Statewide Audit
On September 21, 2026, Texas Governor Greg Abbott issued an order halting all permits sought by data centers from the Texas Commission on Environmental Quality (TCEQ) until the Public Utility Commission of Texas (PUCT) and Electric Reliability Council of Texas (ERCOT) can complete the comprehensive audit initiated by the governor in early August.[1]
D.C. Circuit Limits DOE’s Emergency Authority to Keep Power Plants Running
On September 11, 2026, the D.C. Circuit vacated a Department of Energy (DOE) order requiring Consumers Energy to continue operating the J.H. Campbell coal-fired power plant in Michigan under Section 202(c) of the Federal Power Act. People of the State of Michigan v. U.S. Department of Energy, No. 25-1159 (D.C. Cir. Sept. 11, 2026). The decision limits DOE’s ability to use its emergency authority to override state and regional decisions concerning generation retirements.
