On July 14, 2026, Governor Kathy Hochul issued an executive order (EO or Order) pausing the issuance of discretionary permits and similar forms of approval for the construction or expansion of data centers by the Department of Environmental Conservation (DEC) until the Department of Public Service (DPS) submits its report of the final Generic Environmental Impact Statement (GEIS) and associated findings statement. The Order responds to increasing scrutiny of the impacts associated with large-scale data center development. While the Order does not prohibit data center development, it signals a more structured regulatory framework for projects using 50 megawatts or more of electric power because of their potential to impose significant demands on the electric grid and natural resources.

Click here to read the full GT Alert.

Tags: GT Insight
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Photo of Jeshica Patel Jeshica Patel

Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state…

Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state agencies including the Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Agriculture and Markets, Department of Public Service, Office of Renewable Energy Siting, New York Power Authority, and New York State Energy Research and Development Authority.

Prior to joining Greenberg Traurig, Jeshica served as assistant counsel to Governor Kathy Hochul for Energy, Environment, and Agriculture in the New York State Executive Chamber.

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Photo of Steven C. Russo Steven C. Russo

Steven C. Russo co-chairs the Environmental Practice and chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, energy project siting, renewable energy, Brownfields…

Steven C. Russo co-chairs the Environmental Practice and chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, energy project siting, renewable energy, Brownfields redevelopment, toxic tort litigation, including emerging contaminants, environmental crimes, government law and policy, environmental due diligence and risk management, and the environmental components of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to the development of major industrial, energy and residential development projects.

Prior to joining the firm, Steven was the Chief Legal Officer of the New York State Department of Environmental Conservation. There, he supervised approximately 90 attorneys in Albany, as well as the agency’s nine regional offices. He also supervised the agency’s legislative affairs department and Office of Environmental Justice. At the agency, Steven initiated a reform of the state’s environmental impact review regulations and assessment forms, completed the issuance of new power plant siting regulations pertaining to environmental justice and carbon emissions, and revised the agency’s environmental audit policy.

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Photo of Stephen Malito Stephen Malito

Steve Malito is a registered lobbyist and attorney with more than 25 years of experience representing Fortune 500 businesses, technology companies, major film studios, leading universities, social service agencies, statewide trade associations, and clients in the banking, insurance, wine & spirits and transportation…

Steve Malito is a registered lobbyist and attorney with more than 25 years of experience representing Fortune 500 businesses, technology companies, major film studios, leading universities, social service agencies, statewide trade associations, and clients in the banking, insurance, wine & spirits and transportation sectors. Steve has represented clients in matters before the Governor’s Office, administrative agencies, the Senate, and the Assembly in Albany. He has also regularly represented clients in the City of New York, Long Island and the federal government.

Steve has guided the passage of state laws benefiting his clients and regularly navigates the New York State Budget process on their behalf. His government relations practice focuses on regulatory compliance and legislative advocacy across multiple industries. He advises businesses on legislation, licensing, regulatory matters, and interactions with state government agencies.

Before entering private practice, Steve served as an Assistant District Attorney in Queens County under Hon. Richard A. Brown, where he handled felony trials.

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Photo of Robert M Rosenthal Robert M Rosenthal

Robert (Bob) Rosenthal focuses his practice on environmental and energy law matters, including litigation in federal and state courts, regulatory permitting, and contract negotiations. He represents major companies on matters involving the Public Service Law, the Federal Power Act, the Natural Gas Act,

…

Robert (Bob) Rosenthal focuses his practice on environmental and energy law matters, including litigation in federal and state courts, regulatory permitting, and contract negotiations. He represents major companies on matters involving the Public Service Law, the Federal Power Act, the Natural Gas Act, the State Environmental Quality Review Act (SEQRA), and New York’s Tidal and Freshwater Wetland Acts. Robert also handles the governmental, environmental, and energy aspects of land use and real estate transactions. His clients include electric generation facilities (traditional power plants, solar and wind energy), gas pipelines, solid waste landfills, and other energy infrastructure projects.

Bob has worked on numerous regulatory actions pending before New York Public Service Commission, including those related to the planning and siting of electric transmission, power plants and gas infrastructure, wholesale electricity markets, electric and gas retail utility rates, and the regulation of telecommunications. Bob also represents clients before town planning boards for special permits, particularly for renewable energy projects, and guides clients through the Public Service Law Articles 8 and 10 siting processes. He has represented energy clients before the New York Independent System Operator, PJM, and the Federal Energy Regulatory Commission. His litigation experience includes obtaining trial- and appellate-legal decisions under the Clean Air Act, obtaining dismissals of Article 78 petitions challenging SEQRA processes, securing permanent injunctions on First Amendment grounds, obtaining waivers under NYISO tariffs to preserve wind energy projects in interconnection queues, and defending CERCLA counterclaims against Eleventh Amendment challenges.

Bob served as general counsel for the New York Public Service Commission and Department of Public Service, overseeing more than thirty attorneys and advising on legal matters related to energy, utilities, and telecommunications. He led teams in drafting key PSC orders on renewable energy, transmission planning, and affordability programs, and developed a new utility enforcement unit. Robert also integrated the Office of Renewable Energy Siting into DPS, expanded its authority, and supervised all PSC litigation, preparing commissioners for monthly meetings.

Bob’s experience includes serving as senior counsel in the New York Attorney General’s Environmental Protection Bureau, where he represented the state in major federal and state court cases and handled regulatory enforcement, settlements, and appellate briefs, including landmark Clean Air Act actions. In the Governor’s Counsel’s Office, he advised on energy, environment, and agriculture policy, drafted and negotiated key legislation and budget bills, supervised major litigation, and contributed to strengthening utility oversight and environmental regulations.

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