Regulatory & Legislative

On June 25, 2026, the U.S. Department of Agriculture (USDA) published a proposed rule that would significantly expand the scope and enforcement of the Agricultural Foreign Investment Disclosure Act (AFIDA), the federal law requiring foreign persons who acquire, transfer, or hold interests in U.S. agricultural land to report those transactions to USDA. If the rules go into effect as proposed, solar and wind generation will be, for the first time, explicitly addressed in AFIDA regulations, strict penalties will apply, exceptions will be more limited, and enforcement will be more likely. Comments on the proposed rule are due by August 10, 2026.

The nation’s six regional grid operators recently told FERC how they plan to keep the lights on as large loads reshape the grid. Their July 20, 2026 Informational Reports offer a rare, coast-to-coast snapshot of the regulatory landscape for data centers, AI campuses, and other large loads. They also signal what to expect when each grid operator files its Show Cause Response on August 17, 2026.

At a May 28, 2026 public hearing, fuel producers, agricultural stakeholders, and environmental credit companies testified before the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS), calling for targeted fixes to proposed regulations affecting clean fuel production tax credit under Section 45Z of the Internal Revenue Code of 1986 (Section 45Z Credit).

Plug-in solar systems (also known as balcony solar or apartment solar) have been legalized by seven states this year. This opens up new markets to the sellers of small solar panels, microinverters, and their related equipment. Companies that look to take advantage of this opportunity should be mindful up front of the tax obligations that come with expansion into new states. This is an area where a little up-front work can reduce risk on the back end. But even where mistakes have been made, quick attention to them can reduce liability.

There is a lot of talk these days about how the artificial intelligence (AI) boom will revolutionize the economy. The electric power sector is no exception. All over the country, tech companies are developing hyperscale data centers to provide the computing power necessary for cloud-based services, large language model training, and other AI applications. These facilities consume an enormous amount of power—some even more than large cities or even entire states. In many areas, meeting this demand requires utilities to invest significant capital into new transmission lines and power plants.

Proposed “Computational Load Entity” Criteria Posted for Comments

Since North American Electric Reliability Corporation (NERC) launched Project 2026-02 to address reliability risks from computational loads, as discussed in our previous post, NERC has continued to manage the concerns raised by the emerging presence of large loads on the Bulk‑Power System (BPS).

Major workplace accidents present a variety of legal challenges. While cooperating with a governmental agency (OSHA/MSHA/PHMSA/CSB or other)[1] during an accident investigation, the decisions you make can have an impact on the company in the future. The checklist below can help you protect the company against further liability.

While much attention has focused on the electricity demands of AI-driven data centers, a quieter crisis is emerging around water consumption. Modern hyperscale data centers can consume between one and five million gallons of water daily for cooling systems, with some facilities using significantly more during peak operations. As tech companies announce plans to build dozens of new AI-focused campuses, communities from Arizona to Virginia are questioning whether local water resources can sustain this growth alongside residential and agricultural needs.

The U.S. Department of Energy has released a $293 million funding opportunity (DE-FOA-0003612) under its Genesis Mission to accelerate AI deployment across 26+ national challenges in energy systems, grid infrastructure, data centers, advanced manufacturing, microelectronics, and biotechnology. The focus is on creating deployment-ready solutions, not exploratory research. Unlike traditional DOE research grants, Genesis Mission prioritizes speed, integration, and measurable performance gains in complex systems through cross-sector collaboration.