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The Construction Gigaprojects Report

What is a construction “gigaproject,” beyond an amped-up marketing term for the comparatively modest “megaprojects”? Think initiatives with expenses of well over $1 billion and time periods of well over five years. Think...more

The 2025 Legal Horizon for U.S. Offshore Wind

In its first nine months, the Trump administration has taken multiple actions impacting offshore wind development and generating substantial uncertainty as to the industry’s future in the United States. Those actions have...more

The Trump Administration Accelerates AI and Data Center Development with Executive Order and DOE Site Selections

A new Executive Order directs agencies to accelerate federal permitting and environmental review processes for large-scale AI data center projects and supporting components. The DOE has designated four federal sites for...more

R-E-C-I-P-R-O-C-I-T-Y ~ Find Out What It Means to You (Updated August 2025)

The question frequently arises for participants in a nationwide construction contracting industry. Simply stated, is a licensed contractor in good standing in State A permitted to offer to contract for or to perform work...more

Power Purchase and Interconnection Agreements for Data Centers

Structuring power purchase agreements (PPAs) to match data center load profiles, align development milestones across power and data center development activities, and support the operational needs is essential for both power...more

From Waste to Wealth: Texas Supreme Court Ruling in Cactus Water Defines Produced Water Ownership, Sets Stage for Clarity on...

On June 27, 2025, the Texas Supreme Court issued its long-awaited decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676, resolving a high-stakes dispute over the ownership of produced water—a vexing...more

G7 Releases Critical Minerals Action Plan on the Heels of IEA’s 2025 Critical Minerals Outlook

The IEA’s 2025 Global Critical Minerals Outlook reveals a market at a crossroads: While demand for energy transition and other minerals continues to surge, investment and supply diversification are not keeping pace....more

Pillsbury’s Guide to Data Centers

As a law firm, Pillsbury’s experience with data centers dates to the dot-com era, when I advised on buildouts in Silicon Valley and New York City and Jamie Bobotek advised on centers of America On-Line (then spelled out!) and...more

Texas Clears Penultimate Hurdle to Class VI Primacy: What it Means for CCS and State-Led Permitting

On June 9, 2025, the U.S. Environmental Protection Agency (EPA) proposed granting the State of Texas primary enforcement authority—commonly referred to as “primacy”—over the permitting and regulation of Class VI underground...more

Texas SB6 Establishes New Transmission Fees and Interconnection Standards for Large Load Customers and Co-Located Loads

Texas has responded to rapid electrical load growth with legislative reforms. On June 1, 2025, Texas Senate Bill 6 (SB 6), passed both chambers of the Legislature with bipartisan support and was sent to Governor Abbott for...more

Powering Data Centers with Nuclear Generation

The rapid growth of electricity demand from data centers has emerged as a major challenge for the U.S. power sector. Much of this demand is being driven by the deployment of large learning models (LLMs) and generative...more

From Shale to Salt: Texas Supreme Court Applies Uniform Rule for Ownership of Subsurface Caverns

In a closely watched opinion issued on May 16, 2025, the Texas Supreme Court in Myers-Woodward, LLC v. Undergrounds Services Markham, LLC, — S.W.3d —, No. 22-0878, 2025 WL 1415892 (Tex. May 16, 2025) resolved a long-uncertain...more

Designing, Constructing and Converting Data Centers and Crypto Mines

The ever-increasing demand for digital infrastructure, coupled with continuing cryptocurrency demand volatility, has generated significant interest in transforming building improvements housing crypto mining farms into modern...more

U.S. Department of Energy Pursues Data Centers on Federal Lands

On April 7, the Office of Policy for U.S. Department of Energy (DOE) published a Request for Information (RFI) seeking input from industry professionals, grid operators, local communities, Tribal governments, and other...more

Breaking Ground: The Trump Administration Invokes Emergency Powers in New Executive Order to Boost U.S. Critical Mineral...

On March 20, 2025, the Trump administration invoked emergency powers in an Executive Order (EO) entitled Immediate Measures to Increase American Mineral Production, aiming to accelerate domestic mineral mining and processing....more

Beyond the Executive Orders: Legislative Proposals to Strengthen the U.S. Critical Minerals Supply Chain

Critical minerals are the backbone of modern technologies and national security, powering everything from advanced semiconductors and electric vehicle batteries to missile guidance systems and renewable energy infrastructure....more

Data Centers: A Field Guide

By one count, worldwide there were some 11,800 data centers in early 2024. Within that census are facilities so small that they fit in office building closets, while others are among the largest manmade structures on the...more

Apple’s $500B U.S. Manufacturing Push and New AI Server Facility in Houston: What It Means for Data Centers

As we covered previously, President Trump has made clear that the U.S. is focused on increasing investments into building, scaling and speeding the development of AI infrastructure and data centers in the U.S., and Big Tech...more

Trump 2.0: AI and Data Centers in a Time of Legal and Technological Disruption

In just over a week, the second Trump administration has already announced initiatives that could lead to major shifts in the legal landscape for artificial intelligence (AI) and associated energy sources. What is more, the...more

AI Needs Critical Materials, Fast! But From Where?

Critical materials—the collective term for metals and minerals essential for all kinds of advanced technology and clean energy—are vital to the growth of artificial intelligence (AI), which has become pervasive in everyday...more

FERC Rejects Interconnection Proposal for Nuclear-Powered Data Center Project

The decision signals potential new scrutiny for co-located energy generation and data center projects as concerns grow about grid impacts. Although decided primarily on procedural grounds, the Federal Energy Regulatory...more

Developers Can Tap into DOE’s $400 Million for Remote and Rural Clean Energy Projects

On October 3, 2024, the Department of Energy Office of Clean Energy Demonstrations announced a Notice of Funding Opportunity (NOFO) to fund up to $400 million for clean energy projects in rural and remote areas via its Energy...more

Anatomy of a Data Center

Traditional and social media are thick with reports and predictions of the remarkable increase in size, power consumption and significance of data centers. Not only technology companies but real estate and energy developers,...more

Big Data Meets Big Green: Data Centers and Carbon Removal Compete for Zero-Emission Energy

Artificial intelligence, data centers, carbon removal and zero-emission power may sound like a winning line (plus the Free Space) on a 2024 Buzzword Bingo card. But the concepts have come into dramatic real-world tension as...more

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