The Cuddy & Feder Blog.

As of the drafting of this post, there are at least 20 communities throughout New York State with an active moratorium prohibiting or impeding the development of data centers, some of which are barring permits for three-year periods. There are two additional municipalities with pending local laws that would enact a moratorium on data center development and others discussing it. We expect the number of moratoria to grow through concerns stoked through social media and in many cases misinformation on water and power consumption and conservation measures at data center sites. A local moratorium is an extraordinary planning tool often weaponized for the wrong reasons. Temporary land use moratoria are intended to preserve the status quo while planning or zoning changes are studied and made. However, few municipalities are actually spending the time, energy, and resources to follow through on legitimate planning and zoning objectives; which begs the question – are these moratoria legal or simply community pressured bans adopted by elected officials that would not withstand judicial scrutiny? Read More >

On April 24, 2026, the New York State Department of Environmental Conservation (“NYSDEC”) adopted final amendments to the State Environmental Quality Review Act (“SEQRA”) regulations (6 NYCRR Part 617). The newly adopted amendments, which will take effect on June 12, 2026, are primarily designed to implement the Environmental Justice Siting ... Read More >

On May 27, 2026, New York Governor Kathy Hochul signed the FY2026-2027 State Budget which includes “Let Them Build” reforms to the State Environmental Quality Review Act (“SEQRA”) (1). New York’s housing crisis has been exacerbated by development delays which can substantially add time and cost to the entitlement process ... Read More >