Share on LinkedInShare on LinkedIn

ARTICLE · 31 JANUARY 2025

Battery Energy Storage Systems & Data Centers

Baker Botts L.L.P.
Baker Botts L.L.P.
Contributor
Baker Botts L.L.P.

Baker Botts L.L.P.

Baker Botts is a leading international law firm with 11 offices located in the US, Europe, and the...

View firm profile
Explore more from Baker Botts L.L.P.

Battery Energy Storage Systems (BESS) are becoming increasingly vital in the modernization of digital infrastructure, particularly for data centers.

United StatesEnergy and Natural Resources
Spencer Withers
Spencer Withers

Battery Energy Storage Systems (BESS) are becoming increasingly vital in the modernization of digital infrastructure, particularly for data centers. BESS are often used store energy generated from renewable sources like wind and solar, releasing it when needed to ensure a stable and reliable power supply. Digital infrastructure is comprised of the foundational systems and technologies that support the functioning and connectivity of digital services and applications. Digital infrastructure can include hardware, software, network connectivity systems, and services The below explores the interaction between BESS and data centers, a progressively growing class of digital infrastructure.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Gov. Abbott Directs Data Center Audit; ERCOT Pauses Interconnection Process In Response

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.
United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Article

DOE Seeks Public Comment On Bulk-Power System Executive Order

The U.S. Department of Energy is seeking public input on implementing Executive Order 14421, which grants sweeping authority to restrict foreign-produced electric equipment in the nation's bulk-power system. With broad implications for utilities, manufacturers, and energy infrastructure projects, stakeholders have until October 9, 2026, to shape regulations that could fundamentally alter supply chains and equipment procurement across the electric grid.
United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Article

California Enacts Seven Data Center Bills, Effective January 1, 2027: New Tariff, Entitlement, And Disclosure Rules For Hyperscalers, Developers, And Power Producers

California Governor Newsom signed seven data center bills into law on September 21, 2026, establishing a comprehensive regulatory framework that takes effect January 1, 2027. These bills create new tariff regimes administered by the California Public Utilities Commission, impose extensive reporting requirements on data center operators, and establish water disclosure mandates and CEQA treatment protocols.
United StatesEnergy and Natural Resources
Foley & Lardner LLP
Foley & Lardner LLP
Article

President Trump Signs Legislation Enacting Phased Elimination Of Federal Tax Credits For New Clean Energy Projects; Directs Treasury To "Strictly Enforce" Credit Termination For Solar And Wind Facilities

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.
United StatesEnergy and Natural Resources
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

Massachusetts Issues Guidance On Data Center Development Under Executive Order 658

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
United StatesEnergy and Natural Resources
Sheppard
Sheppard
Article

Executive Order 14421: National Emergency Declaration Imposes New Restrictions On Foreign Bulk-Power System Equipment

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.
United StatesEnergy and Natural Resources
Steptoe LLP
Steptoe LLP
Article

Texas Large Load Interconnection Update: ERCOT Batch Zero Pause And Verification Process

Texas regulators have paused the ERCOT Batch Zero interconnection process for data centers following Governor Abbott's directive requiring comprehensive verification of all large load projects. The verification encompasses two distinct workstreams affecting projects based on size and type, with implications for energization timelines and regulatory compliance. Projects with near-term energization dates face particular uncertainty as ERCOT implements new audit requirements that could take several months to c
United StatesEnergy and Natural Resources
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

Booking Holdings v. Commission: General Court Clears The Way For Reverse Leveraging

The General Court of the European Union has upheld the European Commission's prohibition of Booking Holdings' acquisition of eTraveli Group, endorsing for the first time a 'reverse leveraging' theory of harm in conglomerate mergers. This landmark judgment establishes that dominant companies can be blocked from acquiring complementary businesses even when the target operates in a market where the acquirer lacks dominance, fundamentally reshaping merger control enforcement in digital and ecosystem-driven mark
United StatesAntitrust/Competition Law
Baker Botts L.L.P.
Baker Botts L.L.P.
Article

Trump Tariff Tracker – May 8, 2026

A U.S. Court of International Trade ruling struck down President Trump's global 10% tariffs under Section 122, finding them unauthorized and unlawful. Meanwhile, the administration continues to threaten increased tariffs on European automobiles and initiates reviews of existing China tariff actions. This comprehensive tracker documents the complex landscape of implemented, pending, and proposed tariff measures across multiple countries and product categories.
GlobalInternational Law
Baker Botts L.L.P.
Baker Botts L.L.P.