• Available near-term power is the most important consideration in data center site selection, with projects requiring hundreds of megawatts or even gigawatts amid growing grid congestion and interconnection delays.
  • Air permitting is a critical-path issue for data centers containing emitting structures, with permit timelines ranging from months to

Joint ventures are a useful means for contractors to spread risk on large-scale infrastructure projects, but a recent U.S. Court of Appeals for the Eleventh Circuit decision highlights the difficulties that arise when joint venturers’ interests diverge. On April 15, 2026, the court decided Lane Construction Corporation v. Skanska USA Civil Southeast, Inc.,[1] addressing whether a joint venture’s managing member breached its fiduciary duty of loyalty by declining to pursue an exit strategy favored by another member. The court held it did not, and separately affirmed that the dissenting member’s refusal to fund capital calls constituted a material breach of the joint venture agreement.

Last month, the U.S. Environmental Protection Agency (EPA) announced the draft Sixth Contaminant Candidate List (CCL 6) under the Safe Drinking Water Act (SDWA) and released it for public comment. CCL 6 identifies contaminants that are not yet regulated but are known or anticipated to occur in public water systems and may require future regulation. The draft list includes four contaminant groups — microplastics, pharmaceuticals, per‑ and polyfluoroalkyl substances (PFAS), and disinfection byproducts — along with 75 individual chemicals and nine microbes that may be found in drinking water. Although PFAS were included on prior lists, this is the first time the EPA has designated microplastics or pharmaceuticals as priority contaminant groups. Inclusion on the draft CCL 6 signals an emerging concern about these new contaminant groups and the potential for future regulatory action.

Data center developers and hyperscalers are racing to build artificial intelligence (AI) infrastructure and data centers across the United States.[1] In response, federal and state policymakers have introduced legislative measures targeting rising electricity costs, grid strain, environmental impacts, and AI-driven job losses.[2] The most aggressive of these is a moratorium on data center construction.

The Supreme Court’s February 20, 2026, decision in Learning Resources, Inc. v. Trump upended the legal basis for billions of dollars in tariffs on imports imposed by the Trump administration. The Court held that the International Emergency Economic Powers Act (IEEPA) did not authorize the sweeping tariff regime, but it

The Trump administration is expected to call on major U.S. technology companies and data center developers to voluntarily commit to a compact designed to ensure power-needy data centers do not raise household electricity prices or undermine grid reliability.[1] The initiative comes amid a nationwide surge in energy demand, driven largely by the rapid proliferation of data centers that power the artificial intelligence (AI) boom.[2] Although the compact would be voluntary and details on monitoring or enforcement remain limited, it signals a clear expectation from federal policymakers that large technology firms “pay their own way” for the incremental costs their facilities impose on the grid.

Register Here
Wednesday, February 18 • 1:00 – 2:30 p.m. ET

Jamey Collidge will present as part of an American Bar Association webinar panel “Beyond Contract Compliance: Exploring the Professional Standard of Care and Performance Accountability for Construction Managers” alongside Andrew Drobnis and Patrick Jaroski of Ankura and Ethan Tiegler of Consigli Construction Co. The program will take place on Wednesday, February 18, from 1:00 pm – 2:30 p.m. ET.

Practice Recognized for Major Deals, Litigation Wins in 2024

Troutman Pepper Locke’s Construction Practice Group was recognized among Law360’s Practice Groups of the Year. Marking its third year receiving this prestigious recognition, the firm was among only five to receive the 2024 Practice Group of the Year designation in the Construction category.