Insights on Data Center Legal Solutions

In recent months, states across the country have shifted their approach to data center regulation. More than 300 data center-related bills have been introduced in 30 states’ legislatures in the first six weeks of 2026 alone, marking a decisive pivot from incentive-focused policies toward regulatory oversight as the energy demands of hyperscale facilities become clearer.

The federal government is reshaping the rules for how data centers obtain power. In the past four months, the White House, Federal Energy Regulatory Commission (FERC), and US Congress have each taken significant action on data center energy policy that will influence how facilities are sited, powered, and interconnected for years to come.

As advances in cloud computing and AI have resulted in a tsunami of demand for data centers, it has never been more important to have the right provisions in your data center lease. This article identifies four key considerations to keep in mind as you negotiate a data center lease.