Pennsylvania Data Center Projects Faced New Legal Hurdles
Litigation and municipal moratoriums are challenging state infrastructure planning amid a surge of new site proposals.
Updated on Oct. 5, 2026 in Data Centers
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Pennsylvania residents and local governments have initiated legal and administrative actions against data center developments, citing concerns over state planning code provisions. With over 100 projects proposed statewide, the movement challenges how existing mandates interact with constitutional environmental protections.
Why it matters
The dispute centers on whether state-level planning codes effectively override local zoning authorities and environmental safeguards in the face of rapid, high-intensity industrial expansion. This conflict highlights a growing friction between statewide infrastructure goals and localized property and environmental rights.
Developers in Muncy Township proposed a 100-acre data center campus, yet municipal officials blocked development citing a 60-day mandatory hearing deadline. While the developer claims automatic approval due to missed hearings, the township has enacted a nine-month moratorium to stall further construction.
The players
Josh Shapiro
The Governor of Pennsylvania who issued an executive order in August 2026 mandating that the state Department of Environmental Protection apply specific infrastructure standards to data center projects.
Green Amendments for the Generations
An environmental advocacy organization that filed a lawsuit in Commonwealth Court challenging the constitutionality of the Pennsylvania Municipal Planning Code as it relates to current data center planning.
The details
The lawsuit filed by Green Amendments for the Generations argues that Pennsylvania's Municipal Planning Code creates an unconstitutional framework for approving high-intensity industrial sites. Plaintiffs contend these provisions violate the state Environmental Rights Amendment—a 1971 constitutional provision ensuring clean air and water—by bypassing local environmental due process. This legal challenge follows an August 2026 executive order by Governor Josh Shapiro, which directed the Department of Environmental Protection to establish uniform infrastructure standards for such facilities.
Timeline
1971: The Environmental Rights Amendment was passed in Pennsylvania.
2013: The State Supreme Court reinvigorated the Environmental Rights Amendment.
2017: A four-justice majority adopted the Robinson Township decision.
April 28, 2026: A developer submitted plans for a 100-acre data center and the township enacted a nine-month moratorium.
August 2026: Governor Josh Shapiro issued an executive order regarding infrastructure standards.
The Tech Race
This dispute marks a shift in how municipalities treat high-intensity tech infrastructure, extending the precedent set by the Pennsylvania Environmental Rights Amendment to modern industrial-scale computing. It places local zoning power in direct competition with the state-level push to approve over 100 pending data center projects.
Residents in Muncy Township and other municipalities with active moratoriums will see a pause in new large-scale data center construction for the next nine months. The eventual resolution of the Commonwealth Court case will dictate whether local planners or state-level provisions have final authority over site approvals.
The takeaway
The struggle between regional land use rights and the state's drive to host massive compute infrastructure remains ongoing. Residents and developers should watch the Commonwealth Court proceedings to see if existing Municipal Planning Code provisions are modified or struck down.
Further reading
For broader context on how state infrastructure policy is shifting, explore the Data Centers section.
Source note: This article includes information reported by Pennsylvania Capital-Star.
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Should local governments be allowed to block large data centers to protect local environmental standards?
