In late September, Gov. Greg Abbott directed the Texas Commission for Environmental Quality (TCEQ) to “halt all permits sought by data centers.” However, an investigation by watchdog organizations Public Citizen and FracTracker found that the approval process has since moved forward for dozens of data center projects.
FracTracker said that TCEQ officials confirmed on Oct. 14 that applications “will not advance through the review process.” Indeed, the state agency made it clear in responses to the watchdog’s follow-up questions that the pause applied not just to final approvals but to advancing projects through the approval process at all.
However, a review of the agency’s own records told another story, according to FracTracker officials.
Since Abbott’s Sept. 21 directive, TCEQ has continued reviewing applications and issuing approvals that allow data center development to proceed, the watchdog group asserts.
The investigation by Public Citizen and FracTracker found that TCEQ mailed three preliminary-decision notices after Abbott’s directive.
The facilities in question included a VoltaGrid data center in Abilene, NRG Prairie Energy in Grandview, and Nexus Hubbard Power in Hubbard. Together, the facilities have the potential to emit 38 million tons of air pollution per year, according to Public Citizen.
The preliminary approval notices triggered a 30-day comment period, which TCEQ officials told Public Citizen is still going ahead as scheduled, despite the public perception of a “pause.”
The watchdog groups also found 11 construction stormwater approvals, seven emission-limit certifications and 14 applications for gas plants and generators that continued moving through the review process.
“Our research uncovered glaring inconsistencies between regulatory actions and Gov. Abbott’s directives and shows how these half measures are not protecting Texans from the speed and size of data center development,” said Sam Law, FracTracker’s communications manager and the report’s author.
“TCEQ’s own statements reflect the difficulty regulators are having with this industry, more evidence that we need an actual pause to study the threats posed to the land, water and livelihoods of Texans,” Law added.
The governor issued the pause in response to growing backlash against the rapid buildout of data centers that has spread across the state — a bipartisan issue that coincides with the timing of his bid for reelection. Even still, Abbott has resisted calls to bring lawmakers to Austin for a special session to address residents’ concerns.
“The TCEQ’s own data indicates that it’s business as usual for data centers,” said Kathryn Guerra, director of Public Citizen’s TCEQ Watchdog Campaign. “Affected communities were promised a freeze. Instead, they’re getting another reason to distrust the TCEQ and ineffective attempts to govern by press release. Absent comprehensive guardrails imposed by the Texas Legislature and signed into law, the industry will continue to move forward as fast as it can – and the TCEQ may let it.”
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