Brownfield Data Centers: Environmental Due Diligence and Liability

Brownfield Data Centers: Environmental Due Diligence and Liability

Brownfield redevelopment is emerging as a strategic data center siting option, but it comes with significant environmental law considerations. In this episode of the Data Center Counsel podcast, Jared Berg is joined by Bracewell's Jason Hutt and Daniel Pope to discuss brownfield redevelopment as a strategy for siting data centers. They explore what makes former industrial sites attractive, including existing power infrastructure, water access and proximity to the grid, as well as the environmental liabilities associated with legacy properties.   The conversation examines how developers can conduct environmental due diligence, navigate brownfield programs that provide liability protections, manage post-closing obligations and structure transactions to allocate contamination risk appropriately. The episode also covers community and government engagement, water scarcity issues in Texas, the potential use of produced water for data center cooling and key federal and state policy developments developers should monitor.

FERC and Interconnectivity Issues for Data Centers

In this episode of the Data Center Counsel podcast, Jared Berg and Bryan Clark are joined by Josh Robichaud for a discussion of the Federal Energy Regulatory Commission (FERC) in data center development. Josh explains FERC’s role in regulating wholesale power markets and interstate transmission through regional transmission organizations and independent system operators, while states maintain authority over generation siting and retail electricity sales. The discussion also highlights emerging policy reforms, including a US Department of Energy directive asking FERC to consider standardized processes for large-load interconnections and approaches to allocating grid upgrade costs associated with new data center demand.

Can Nuclear Power the Cloud? Baseload Energy Options for Data Centers

In this episode of Bracewell’s Data Center Counsel podcast, Scott Segal and Andrew Shaw explore whether nuclear energy can meet the rapidly growing electricity demands of AI-driven data centers. As hyperscale facilities transform electricity demand into a system-level challenge, the discussion examines why nuclear — both large light water reactors and small modular reactors (SMRs) — is uniquely positioned to provide firm, carbon-free baseload power. The conversation covers a range of topics, including: * the operational alignment between * nuclear generation and high-load data centers emerging partnerships between tech companies and nuclear operators      * Nuclear Regulatory Commission (NRC) licensing reforms * fuel supply constraints * safety considerations

Beyond the Usual Suspects: Emerging US Markets for Data Centers

In this episode of the Data Center Counsel podcast, Scott Segal and Tamara McKinzie examine the shifting geography of US data center development. What was once concentrated in traditional hubs like Northern Virginia is rapidly expanding into rural and emerging markets across Texas, Oklahoma, Kentucky, North Dakota, South Dakota and parts of the Southeast. Scott and Tamara look at the drivers behind this migration — including land availability, speed to power, regulatory certainty and grid reliability — as well as the growing pushback from communities concerned about energy prices, water usage and land preservation. They discuss the growing importance of regulatory certainty, land-use considerations and affordable electricity as communities evaluate the potential impacts of large-load development.

Powering Growth: Utility Challenges Facing Data Centers

In this episode of the Data Center Counsel podcast, Jared Berg and Bryan Clark talk with Ted Duver about the regulatory forces driving data centers to develop on-site, behind-the-meter generation. They examine how long interconnection timelines, grid infrastructure constraints and evolving regulatory frameworks — particularly in PJM and ERCOT — are pushing developers toward greater control over power supply in pursuit of “speed to power” and Five 9s reliability. The group compares ERCOT’s energy-only market and recent Senate Bill 6 reforms with more traditional ISO/RTO markets, highlighting regulatory uncertainty, cost allocation debates and the growing role of co-located generation.