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  • Article

    EPA Proposes To Rescind The 2009 Greenhouse Gas Endangerment Finding

    On August 1, 2025, the U.S. Environmental Protection Agency issued a proposed rule to reconsider the 2009 Greenhouse Gas Endangerment Finding and proposed to repeal all GHG emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines promulgated under Section 202(a) of the Clean Air Act.
    United StatesEnvironment
    Davis Graham
    Davis Graham
  • Article

    Battery Storage For Data Centers In 2026: FEOC Compliance, FERC Co-Location, And The Deals Getting Done Now

    Battery energy storage systems, or BESS, have become essential infrastructure for data center development. The data center industry’s global electricity consumption is set to surge by more than 300 percent by the end of this decade, according to several industry forecasts, and the grid cannot absorb that demand without dispatchable, flexible capacity at scale. Battery storage is no longer simply backup equipment at the edge of a data center’s power strategy.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    From Rejection To National Rulemaking: The Federal Regulatory Framework For Data Center Power Is Taking Shape

    In the past 18 months, the federal regulatory posture toward data center power has moved from outright rejection to active rulemaking.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Water As Competitive Advantage: How Texas Can Lead The Next Wave Of Sustainable Data Center & Energy Infrastructure

    Texas is the epicenter of AI data center development in the U.S. – and water is emerging as a critical variable in project siting, permitting, and long-term operational resilience.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Q4 2023 Asset Management Regulatory Update

    On October 16, 2023, the Securities and Exchange Commission's (the "SEC" or the "Commission") Division of Examinations (the "Division") released its 2024 examination priorities (the "Priorities").
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    Structuring Behind-the-Meter Generation To Manage FERC Jurisdiction

    The first two alerts in this series traced the Federal Energy Regulatory Commission’s (FERC or the Commission) regulatory trajectory and the political economy now shaping data center power. This alert turns to the structuring question that sits at the center of every behind-the-meter generation and co-located load transaction serving data centers (collectively, BTM): how to design an arrangement that achieves the developer’s commercial objectives while managing, or, where the project configuration permits, avoiding FERC jurisdiction.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Asset Management Regulatory Update

    On May 3, the Commissioners of the Securities Exchange Commission voted to adopt final amendments to Form PF and Rule 204(b)-1 the under the Investment Advisers Act of 1940.
    United StatesWealth Management
    Davis Graham
    Davis Graham
  • Article

    U.S. Produced Water: The Emerging Value Chain Reshaping Energy, Water & Critical Minerals

    Produced water – the fluid that surfaces alongside oil and gas during extraction, typically carrying high concentrations of dissolved salts and minerals – has long been the industry’s largest waste stream and one of its most persistent cost centers.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    The New Political Economy Of Data Center Power

    The previous alert in this series traced the Federal Energy Regulatory Commission’s (FERC or the Commission) regulatory trajectory from the Talen Order through the pending Advance Notice of Proposed Rulemaking on large-load interconnection (the DOE Rulemaking Proposal), a progression from rejection to structured accommodation in just 18 months.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Q1 2024 Asset Management Regulatory Update

    On February 8, the Securities Exchange Commission (the "SEC" or the "Commission") and the Commodities Futures Trading Commission (the "CFTC") jointly adopted amendments...
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    Colorado Division Of Securities Adopts New Investment Adviser Compliance Program Rule | Part 2

    This Part 2 describes, in detail, the requirements of new Rule 51-4.12(IA) ...
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    Texas And ERCOT: The Structural Advantage For Data Center Power

    Every federal development described in the first three alerts of this series – the PJM Interconnection (PJM) co-location orders, the Southwest Power Pool (SPP) High Impact Large Load (HILL) framework, the DOE Rulemaking Proposal’s proposed assertion of jurisdiction over large-load interconnections, and the new transmission service requirements and gross demand billing mandates – reinforces the same observation: the structural advantages of the Electric Reliability Council of Texas (ERCOT) for data center behind-the-meter generation and co-located load arrangements.
    United StatesEnergy and Natural Resources
    Davis Graham
    Davis Graham
  • Article

    Asset Management Regulatory Update

    On April 17, 2024, the Division of Examinations (the "Division") of the Securities Exchange Commission (the "SEC") issued a Risk Alert regarding the Staff of the Division...
    United StatesWealth Management
    Davis Graham
    Davis Graham
  • Article

    Asset Management Regulatory Update

    On September 17, 2024, the Securities Exchange Commission (the "SEC") announced settlements with eleven institutional investment managers for failing to timely report on Form 13F.
    United StatesWealth Management
    Davis Graham
    Davis Graham
  • Article

    Fourth Quarter 2025 Asset Management Regulatory Update

    On November 17, 2025, the Securities and Exchange Commission's ("SEC" or the "Commission") Division of Examinations ("EXAMS" or the "Division") published its examination priorities for 2026.
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    First Quarter 2026 Asset Management Regulatory Update

    In March 2026, the Investment Company Institute (“ICI”) published a survey analyzing the escalating costs and challenges of proxy campaigns for U.S. registered investment funds, finding that the U.S. fund proxy system is both inefficient and ineffective.
    United StatesCorporate/Commercial Law
    Davis Graham
    Davis Graham
  • Article

    Letting To Students – Tenancy Types And General Guidance

    The student market is an important part of the lettings industry and many landlords specialise in lettings to students. Students are generally good tenants.
    United KingdomReal Estate and Construction
    Landlord-Law
    Landlord-Law

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