Texas data center permits continue despite governor's pause, activists say

Nonprofits find TCEQ processing applications after Abbott's September directive to halt

By LineZotpaper

Published19 October 2026

Read Time3 min

A coalition of Texas nonprofits claims the state's environmental agency has continued to process data center permits after Governor Greg Abbott ordered a pause on September 21, citing publicly available records that show reviews and approvals for dozens of projects since the directive.

Public Citizen and the FracTracker Alliance, working with local activists, say they have identified more than 15 to 35 permits related to data center projects that the Texas Commission on Environmental Quality (TCEQ) has worked on since Abbott's pause order. According to documents reviewed by 404 Media, TCEQ issued an air-emission limit certificate for a large Houston data center, approved stormwater coverage for data centers in Abilene, Barstow and Royse City, and fast-tracked gas power plants for over a dozen projects. "The TCEQ's own data indicates that it's business as usual for data centers and affected communities were promised a freeze," said Kathryn Guerra of Public Citizen during a press conference on Monday. "Instead what they're getting is another reason to distrust the TCEQ."

Governor Abbott's press secretary, Andrew Mahaleris, told 404 Media that "no permits have been approved" and that TCEQ has not taken and will not take any proactive actions related to data center permits. He added that no state agency will approve permits until reviews by the Public Utility Commission, ERCOT and the Water Development Board are complete. When asked about stormwater construction projects listed as "approved," Abbott's office referred questions to TCEQ, which did not respond.

Sam Law of FracTracker Alliance told 404 Media that stormwater construction permits are approved under a generic permit, with individual projects added via notices of intent. "It's not like a real pause," Law said. In areas without zoning restrictions, such a permit can be all that is needed to begin site preparation.

Abilene resident and Democratic state senate candidate Riley Rodriguez said residents received letters from TCEQ about an incoming gas plant. "We didn't have a chance to do any of the things that these great people are doing," Rodriguez said during the press conference. "It was built, concrete's poured, generators are going in, boys. Sorry." He added, "Abbott made his announcement ... Guess what? They're still putting in that power plant, and there ain't nothing me and my people can do about it."

The dispute comes as Texas is poised to become a global data center hub, with 300 already operating, 100 under construction and 200 more planned. The same day the nonprofits announced their findings, The Texas Tribune reported that Abbott had received $9 million in donations from data center developers and owners.

Analysis

Why This Matters

Communities in Texas face noise, water use and air quality impacts from data center construction, with limited local zoning control.
The reported continuation of permitting raises questions about the effectiveness of executive orders and trust in state regulatory agencies.
The outcome could influence how other states approach data center regulation, as Texas sets a national precedent.

Background

Texas has aggressively courted data centers, offering tax incentives and reliable power from ERCOT. The rapid expansion has sparked local backlash over resource consumption and environmental disruption. On September 21, Governor Abbott directed TCEQ to halt all data center permits pending a review by state utility and water agencies. The directive was broad, covering air, water and construction permits. Nonprofits now claim the pause has not been fully implemented.

Key Perspectives

Activists and affected residents: They argue that TCEQ continues to process permits, ignoring the governor's directive, and that communities have no real say. Riley Rodriguez said residents were not consulted before major projects broke ground. Governor Abbott's office: Maintains that no permits have been approved and that the pause is being followed. It points to ongoing agency reviews as the reason for any administrative activity. TCEQ (non-responding): The agency has not explained its handling of applications after the pause order. Its public database shows multiple permits moving forward.

What to Watch

Whether the Texas Legislature enacts comprehensive data center regulations in its next session.
The outcome of public hearings in Abilene over the proposed gas plant.
Any further investigations by the governor's office into TCEQ's activity or adjustment to the pause directive.

Sources

'It Ain't Right:' Texas Said It Would Halt Data Center Permits. The State is Pushing Ahead Anyway · 404 Media

Checked

12 claims in this story checked against 1 source: 11 supported.

Show each claim

SupportedTexas data center permits continue despite governor's pause, activists say404 Media: “a group of Texans believe they’ve discovered evidence that the state’s environmental regulatory agency has continued to issue permits to data centers despite Governor Greg Abbott’s call for it to stop.”
SupportedNonprofits find TCEQ processing applications after Abbott's September directive to halt404 Media: “The nonprofits Public Citizen and FracTracker Alliance... discovered that the organization has worked on multiple permits for data center projects since Abbott called for a pause in the process on September 21.”
SupportedA coalition of Texas nonprofits claims TCEQ has continued to process data center permits after Abbott ordered a pause on September 21, citing records that show reviews and approvals for dozens of projects.404 Media: “The nonprofits Public Citizen and FracTracker Alliance... discovered that the organization has worked on multiple permits for data center projects since Abbott called for a pause in the process on September 21.”
SupportedPublic Citizen and FracTracker Alliance say they have identified more than 15 to 35 permits related to data center projects that TCEQ has worked on since Abbott's pause order.404 Media: “Public Citizen listed more than 15 and the Fractracker Alliance found 35.”
SupportedTCEQ issued an air-emission limit certificate for a large Houston data center, approved stormwater coverage for data centers in Abilene, Barstow and Royse City, and fast-tracked gas power plants for over a dozen projects.404 Media: “TCEQ issued air-emission limit certificates to a large data center in Houston; approved the construction of stormwater coverage for data centers in Abilene, Barstow, and Royse City; and fast tracked gas power plants for more than a dozen data center projects.”
SupportedKathryn Guerra of Public Citizen said: 'The TCEQ's own data indicates that it's business as usual for data centers and affected communities were promised a freeze. Instead what they're getting is another reason to distrust the TCEQ.'404 Media: “The TCEQ’s own data indicates that it’s business as usual for data centers and affected communities were promised a freeze. And instead what they’re getting is another reason to distrust the TCEQ and ultimately ineffective attempts to govern by press release.”
SupportedGovernor Abbott's press secretary Andrew Mahaleris told 404 Media that 'no permits have been approved' and that TCEQ has not taken and will not take any proactive actions related to data center permits, and that no state agency will approve permits until reviews are complete.404 Media: “"No permits have been approved," ... "In line with the Governor’s directive, TCEQ has not taken and will not take any proactive actions related to the approval of data center permits. Likewise, no other state agency will approve data center-related permits until the Public Utility Commission, ERCOT, and the Water Development Board have the information they need to make informed decisions."”
SupportedWhen asked about stormwater construction projects listed as 'approved,' Abbott's office referred questions to TCEQ, which did not respond.404 Media: “404 Media asked Abbott’s office why there are multiple data center related stormwater construction projects listed as 'approved' and was told to talk to TCEQ, which did not respond.”
SupportedSam Law of FracTracker Alliance told 404 Media that stormwater construction permits are approved under a generic permit via notices of intent, and that 'it's not like a real pause.'404 Media: “Sam Law... told 404 Media... 'The state has just approved a generic construction stormwater permit, and then to get onto that permit, people file a notice of intent...' ... 'so it's not like a real pause.'”
Partly supportedAbilene resident and Democratic state senate candidate Riley Rodriguez said residents received letters from TCEQ about an incoming gas plant, and said: 'We didn't have a chance... It was built, concrete's poured, generators are going in, boys. Sorry.' and 'Guess what? They're still putting in that power plant, and there ain't nothing me and my people can do about it.'404 Media: “"We didn't have a chance to do any of the things that these great people are doing. ... 'It was built, concrete's poured, generators are going in, boys. Sorry,'" ... "Guess what? They're still putting in that power plant, and there ain't nothing me and my people can do about it."”
SupportedTexas is poised to become a global data center hub, with 300 already operating, 100 under construction and 200 more planned.404 Media: “Three hundred already operate in the state, 100 are under construction, and 200 more are being planned.”
SupportedThe same day the nonprofits announced their findings, The Texas Tribune reported that Abbott had received $9 million in donations from data center developers and owners.404 Media: “The same day the nonprofits announced their findings, The Texas Tribune published a report that Abbott had received $9 million in donations from developers and owners of data centers.”