Gravel2Gavel Construction & Real Estate Law Blog

Powering Data Centers in a Moving Regulatory Landscape: Positioning Deals Before FERC’s Next Move

Stephen J. Humes, Alicia M. McKnight and Andrew Jacobs — Tue, 07 Apr 2026 17:50:40 +0000

by Stephen J. Humes, Alicia M. McKnight and Andrew Jacobs

The explosive growth of data‑center load—driven by artificial intelligence, cloud computing and the expansion of digital infrastructure across industries—has forced U.S. energy regulators into unfamiliar territory. Nowhere is this more evident than at the Federal Energy Regulatory Commission (FERC), which is actively considering how large, concentrated loads can be powered without compromising grid reliability or shifting costs to other customers.

The Modern Nuclear Renaissance Reaches New England

Stephen J. Humes — Thu, 02 Apr 2026 19:01:34 +0000

by Stephen J. Humes

On March 31, 2026, the governors of all six New England states issued a joint, bipartisan statement committing the region to explore deployment of advanced nuclear energy technologies while supporting the continued safe, affordable and reliable operation of New England’s existing nuclear generation facilities. This coordinated regional initiative follows a major policy announcement in June 2025 by New York Governor Kathy Hochul directing the New York Power Authority to pursue development of at least 1,000 MW of advanced nuclear generation to support statewide reliability needs and New York’s zero‑carbon mission. Less than one year after New York formally embraced a modern nuclear renaissance, that renaissance has now expanded across the New England states—signaling a broader Northeast regional pivot toward nuclear as a core element of long‑term reliability, affordability and decarbonization strategies. For utilities and power generators, this shift creates both opportunities and planning imperatives that warrant immediate attention.

Real Estate & Construction News Roundup (4/1/26) – President Trump’s EO Affects Federal Funding, Fannie Mae Accepts Crypto-Backed Mortgages, Private Sector Construction Weakness Offsets Public Sector Gains

Pillsbury's Construction & Real Estate Law Team — Wed, 01 Apr 2026 16:41:11 +0000

by Pillsbury's Construction & Real Estate Law Team

In our latest roundup, California to pursue office-to-housing conversions, hoteliers to increase investment in artificial intelligence, private credit exodus to boost commercial real estate capital, and more!

Real Estate & Construction News Roundup (3/18/26) – Data Center Frenzy, China’s Expanding REIT Market and Tariff-Affected Construction Costs

Pillsbury's Construction & Real Estate Law Team — Wed, 18 Mar 2026 21:56:19 +0000

by Pillsbury's Construction & Real Estate Law Team

In our latest roundup, relistings reached highest total in a decade, Florida State Legislature passes bill to increase the state’s housing supply, data center construction adapts to changes and more!

Real Estate & Construction News Roundup (3/11/26) – An AI Inflection Point for Hotels, Investor Pivot in Build-to-Rent and Looming Legislation for Single-Family Investors

Pillsbury's Construction & Real Estate Law Team — Wed, 11 Mar 2026 17:47:38 +0000

by Pillsbury's Construction & Real Estate Law Team

In our latest roundup, lodging demand for World Cup brings growth, commercial property management firms use of AI becomes firmer, construction industry shows slow start to the year, and more!

Structuring Water Resilience for Data Center Development: Water Rights, Reuse Incentives, and Emerging Disclosure Risk

Ashleigh Myers, Jillian Marullo and Jason Drogin Atwood — Thu, 26 Feb 2026 23:16:33 +0000

by Ashleigh Myers, Jillian Marullo and Jason Drogin Atwood

As AI-driven data center development accelerates, developers, communities and regulators are increasingly focused on water demand—both the volume required and the sources from which that water will be drawn. While industry attention has largely centered on electricity procurement and grid impacts, the availability and legal entitlement to a firm water supply has become equally material to siting, permitting and community acceptance. Particularly as surface and groundwater supplies become increasingly constrained and new projects are sited in regions experiencing tighter hydrologic conditions or growth-related supply constraints, project teams are increasingly integrating water supply analysis into early-stage development to address issues that can materially affect schedule, financing and long-term operations.

Securing U.S. Critical Mineral Supply Chains

Gravel2Gavel Team — Wed, 28 Jan 2026 19:16:24 +0000

by Gravel2Gavel Team

On January 14, 2026, President Trump signed a Proclamation following the Department of Commerce’s investigation of the effects of imports of processed critical minerals and their derivative products on U.S. national security under Section 232 of the Trade Expansion Act of 1962. As detailed in our prior client alert, President Trump initiated the investigation on April 22, 2025, with a scope that includes the now 60 minerals listed in the U.S. Geological Survey’s “Critical Minerals List” as well as any subsequent lists and uranium. The Secretary of Commerce found that processed critical minerals and their derivative products are being imported into the United States in such quantities and under such circumstances as to threaten to impair U.S. national security.

In their latest client alert, President Trump Backs Commerce Department Findings, Directs Negotiations to Secure Critical Mineral Supply Chains, colleagues Sahar J. Hafeez, Robert A. James, Amanda G. Halter and Ata A. Akiner review the findings, recommendations and related initiatives, and explore next steps and implications for potentially affected companies.

ZEC 2.0: New York’s Zero Emissions Credit Program Gets an Extension and a Reboot

Stephen J. Humes and Jason Drogin Atwood — Fri, 23 Jan 2026 22:32:41 +0000

by Stephen J. Humes and Jason Drogin Atwood

In a landmark move that could shape New York’s energy landscape for decades, state officials have taken steps to both preserve its existing nuclear power facilities and significantly expand its advanced nuclear capacity. These actions are part of a broader strategy to maintain grid reliability and meet both escalating energy demand and the state’s ambitious greenhouse gas reduction and zero carbon goals.

Navigating Wind and Solar Development Opportunities on State and Private Lands During Uncertain Times for Renewable Energy

Cara M. MacDonald, Robert G. Howard and Andrew Jacobs — Wed, 21 Jan 2026 15:37:37 +0000

by Cara M. MacDonald, Robert G. Howard and Andrew Jacobs

Recent executive actions and federal guidance have targeted wind and solar development, creating substantial uncertainty for the U.S. offshore wind industry and also reshaping the regulatory landscape governing onshore wind and solar development. Wind and solar projects on federal lands are now subject to heightened review processes and enhanced regulatory scrutiny. As a result, many developers are considering opportunities on state-owned and privately held lands rather than federal lands.

Trump Administration and Mid-Atlantic Region Governors Announce Emergency Reliability Action Targeting Data Center Load Growth

Stephen J. Humes and Jason Drogin Atwood — Fri, 16 Jan 2026 21:45:31 +0000

by Stephen J. Humes and Jason Drogin Atwood

On Friday, President Donald Trump—together with governors across key Mid-Atlantic Region states—announced a new initiative aimed at addressing soaring electricity demand driven by large‑scale AI and cloud‑computing data centers. This joint federal-state initiative directs the regional wholesale power grid operator, PJM Interconnection, L.L.C. (PJM)¹, to conduct an emergency auction to procure additional power plant capacity aimed at enhancing reliability and stabilizing power prices. Rather than issuing an executive order, as President Trump has done over the last year to address other energy issues, today’s action was issued instead as a non‑binding Statement of Principles, signed by the National Energy Dominance Council² and participating governors.