Energy and Real Estate Law and AI-Driven Data Centers: Navigating Legal and Regulatory Challenges

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Energy
- event Date
Tuesday, February 25, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide energy counsel with an in-depth understanding of the energy law issues involved in powering data centers. The panel will discuss the regulatory landscape, energy efficiency requirements, and the integration of renewable energy sources to meet the growing demands of data centers. The panel will also provide insights into the challenges and opportunities in aligning energy infrastructure with the needs of AI-driven data centers.
Faculty

Ms. Osmond concentrates her practice in the areas of joint venture and real estate investment, leasing, real estate financing, acquisitions and dispositions, corporate real estate services, the real estate aspects of mergers and acquisitions, development and general real estate.

Mr. Fleischman represents clients before the U.S. Congress and federal agencies on matters pertaining to artificial intelligence, national security, space, health, and financial services. For over a decade, policymakers, companies, boards, and investors have relied on him to advance policy prerogatives and ensure government support for critical infrastructure technology. Earlier in his career, Mr. Fleischman was the Deputy Director of Government Affairs for one of the leading advocacy organizations in Washington. In this capacity, he worked to secure over $30 billion in Congressional funding for defense, security assistance, and technologies programs, and he drafted and advanced complex artificial intelligence legislation. Mr. Fleischman also successfully advocated for the establishment at the National Security Council of an international Strategic High-Level Dialogue on Technology, which includes working groups on artificial intelligence, trusted technology ecosystems, health, and climate change. Relatedly, he has worked with the Executive Branch and foreign governments to develop programs furthering regulatory cohesion of rules, standards, and export controls for artificial intelligence.

Mr. da Silva Ashley is a trusted advisor to international and domestic financial institutions, project sponsors and developers, investment funds and multinational corporations, advising on sophisticated and market-leading complex cross-border and domestic project finance and corporate lending transactions throughout North America and Latin America. He has extensive experience in the renewable energy, infrastructure, hospitality and industrial sectors, guiding clients through the financing of utility-scale wind and solar projects, distributed solar generation, conventional power plants, carbon capture and sequestration facilities, midstream assets, onshore and offshore oil and gas exploration and production, chemical plants, and resorts and hotels across the Americas.

Ms. Chambers focuses her practice on energy regulation and project finance. She has 30 years of experience on matters before the Federal Energy Regulation Commission (FERC) and has advised on wholesale electric energy markets, natural gas pipelines, and electric. She has represented utilities in restructuring of electricity markets and advised transmission owners regarding all aspects of electric rates and tariffs and assisted renewable generators in matters regarding interconnection with RTO and ISOs in all regions of the country. Ms. Chambers has obtained market-based rate authorization for generation owners and advised renewable generation owners on qualifying facility status and exempt wholesale generation requirements regarding PUHCA. She also has extensive experience counseling clients regarding compliance with FERC compliance and enforcement matters.
Description
Data centers in the U.S. reportedly used 150 million megawatt hours in 2023, the year that AI truly took off after the launch of ChatGPT in late 2022. Data centers are expected to use up an ever-greater share of the total U.S. electricity consumption. Energy access is already becoming a bottleneck for AI.
As data centers become increasingly critical to the digital economy, their energy consumption and environmental impact have come under scrutiny. Legal counsel must navigate complex energy regulations and sustainability mandates to ensure compliance and optimize operations.
Data centers must comply with myriad federal, state, and local regulations that govern energy consumption, emissions, and sustainability practices. Additionally, data centers face regulatory scrutiny regarding their carbon footprint and energy efficiency measures, necessitating robust compliance strategies. Legal counsel must also navigate the complexities of energy procurement contracts, grid interconnection agreements, and incentives for renewable energy adoption to ensure that data centers meet regulatory requirements while optimizing operational efficiency.
Listen as our panel discusses the regulatory framework governing data center energy use, strategies for enhancing energy efficiency, and the role of renewable energy in powering data centers. The panel will also explore the implications of recent legislative and policy developments on data center operations and the legal considerations for integrating advanced energy solutions.
Outline
- Overview of energy law and data centers
- Energy efficiency and sustainability
- Renewable energy integration
- Legal and regulatory issues
- Federal, state, and local regulations (e.g., Clean Air Act, renewable portfolio standards, zoning laws)
- Carbon footprint and emissions regulations
- Energy procurement contracts and grid interconnection agreements
- Incentives for renewable energy adoption
- Infrastructure-related challenges
- Co-location issues
- Overview of structuring of data center developments
- Key differences between data center developments and “traditional” real estate developments and unique challenges
- Executive Branch initiatives and orders
- Potential Congressional action on permitting, infrastructure, transmission, and energy resources
Benefits
The panel will discuss these and other key issues:
- The regulatory framework for data center energy use and compliance strategies
- Legal considerations for integrating renewable energy sources and enhancing energy efficiency
- Challenges faced by utilities, including infrastructure build times, costs, and system impacts
- Co-location issues such as siting data centers near power plants and overcoming regulatory hurdles
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