Agencies Chart the Future Of U.S. Offshore Wind Development

Bergeson & Campbell provides comprehensive coverage of federal regulatory developments affecting chemicals, pesticides, and related products, including EPA's latest TSCA risk evaluations, FIFRA pesticide updates, and emerging policy initiatives across environmental and chemical safety programs.

The Act restores the ITC eligibility of qualified fuel cell property that begins construction after 2025. Under the IRA, qualified fuel cell property was required to have begun construction prior to 2025 in order to be eligible for the ITC.

Massachusetts Governor Maura Healey has issued Executive Order 658, establishing comprehensive permitting and regulatory standards for data centers exceeding 25 MW of peak electricity demand. The Order mandates community benefits agreements, clean energy procurement protocols, and coordination across multiple state agencies to ensure responsible development that protects ratepayers, communities, and the environment. This action positions Massachusetts alongside other states implementing stricter oversight o

On December 18, 2015, President Obama signed legislation into law that repeals the 40-year-old U.S. ban on crude oil exports.

Texas Governor Greg Abbott has directed state regulators to conduct a comprehensive audit of data center projects seeking grid access, while ERCOT has paused its Batch Zero interconnection process. This regulatory shift introduces immediate uncertainty for developers regarding timelines, financing, and project approvals, signaling that political engagement has become as critical as securing land and power in the Texas data center market.

Virginia Governor Abigail Spanberger's Executive Order 22 establishes a comprehensive Data Center Accountability Framework that fundamentally reshapes how the Commonwealth will regulate data center development through five pillars addressing transparency, environmental protection, energy affordability, clean energy, and workforce development. The order bans non-disclosure agreements, excludes large projects from expedited review, and creates new accountability standards that signal a dramatic shift from Vir

President Trump's Executive Order 14421 declares a national emergency to secure the U.S. bulk-power system, imposing new restrictions on foreign-produced electric equipment that poses national security risks. The order prohibits certain imports and installations while directing the Department of Energy to identify and potentially replace existing vulnerable equipment already on the grid.

As U.S. utilities commit record capital to grid expansion, equipment procurement has emerged as a critical constraint. Lead times for transformers now stretch beyond two years, while material scarcity, inflation, and labor shortages compound delays across conductor, switchgear, and substation components.

Among the many other presidential actions taken on the first day of his Administration, U.S. President Trump declared a National Energy...

The California Legislature passed SB 886 (Padilla), the California Technology Innovation and Ratepayer Protection Act, which requires the California Public Utilities Commission (Commission) to adopt new tariffs and update existing electric rules to ensure that electric utility costs for serving data centers are not shifted to ratepayers. Governor Newsom has until the end of September to sign or veto this bill and the accompanying data center power regulation bill, AB 2383 (Zbur).

The USPTO has released its latest economic impact report on IP-intensive industries, announced a new community engagement office in North Carolina, and issued several administrative updates including relief for Japanese applicants affected by a severe earthquake. The Patent Trial and Appeal Board has also designated new precedential and informative decisions addressing obviousness-type double patenting and Markush groupings.

California's Air Resources Board has released significant modifications to its greenhouse gas emissions reporting regulation, deferring the first reporting deadline to November 10, 2026, and clarifying key requirements for companies doing business in California with over $1 billion in annual revenue. The updates provide additional flexibility for 2026 reporting while enforcement of the Climate-Related Financial Risk Act remains paused pending federal litigation.

The U.S. Department of Justice has announced three major settlements totaling over $558 million against healthcare providers partnering with Medicare Advantage plans for allegedly submitting false diagnosis codes. These enforcement actions reveal DOJ's intensified scrutiny of risk-sharing payment arrangements between Medicare Advantage plans and healthcare providers, while demonstrating the significant benefits that self-disclosure and cooperation can provide to companies facing potential False Claims Act l

As investment in data center infrastructure accelerates globally, disputes are emerging from contractual and investment-related risks that commonly accompany large-scale infrastructure projects. This analysis examines the growing wave of contractual claims among owners, contractors, and subcontractors, as well as investment treaty claims that may arise when governmental actions impact overseas data center developments.

The US International Trade Commission has opened a rare public comment period on how it should fulfill its data collection and reporting obligations under Section 338 of the Tariff Act of 1930, a long-dormant authority recently invoked by the Trump Administration to impose restrictions on Canadian imports. This presents a unique opportunity for companies and stakeholders to shape from the ground up how the Commission interprets discriminatory foreign trade practices, evaluates allegations, and reports findi

The English Court of Appeal has endorsed arbitration as an acceptable means of dispute resolution for resolving global (F)RAND disputes when proposed by standard-essential patent owners. This controversial decision effectively compels SEP licensees to arbitrate against their will, based on the principle that where multiple RAND approaches exist, the SEP owner's choice is determinative, creating an inherent asymmetry in the licensing framework.

Artificial intelligence is transforming corporate governance, requiring directors to navigate complex oversight challenges as AI systems become embedded across business operations. This article examines how established UK directors' duties apply in the context of AI adoption, exploring the practical implications for board-level decision-making and risk management. Directors must balance AI's strategic opportunities against emerging risks while maintaining effective human oversight and independent judgment.

The sports and gaming industries are evolving faster than existing legal frameworks can accommodate, creating unprecedented jurisdictional battles, regulatory shifts, and commercial opportunities. From the escalating fight over prediction markets between federal regulators and states to the emergence of responsible gaming as a standalone policy priority, the first half of 2026 has reshaped the legal landscape governing these sectors while raising fundamental questions about innovation, consumer protection

Washington Attorney General Nick Brown released the state's first Data Privacy Report, examining how the modern data economy incentivizes personal information collection and retention. The report catalogs resulting harms and recommends that lawmakers strengthen privacy protections, enforcement, and public education while highlighting Washington's continued lack of a comprehensive consumer privacy statute despite inspiring other states' privacy laws.

As discussed in previous client alerts, the rapid growth of artificial intelligence (AI), cloud computing, and digital services has dramatically increased demand for data centers.