Insights on Energy & Cleantech

The US data center sector is in the midst of a historic capital cycle as artificial intelligence (AI), cloud computing, and digital infrastructure demand pushes hyperscalers and colocation providers to commit capital at unprecedented scale.

New York’s data center pause is temporary, but the review process itself will make permanent the assumptions, standards, and evidentiary records that govern future development.

The US Supreme Court’s 2024 decision in Seven County Infrastructure Coalition v. Eagle County endorsed a narrower vision of the National Environmental Policy Act (NEPA), focused on informing agency decisions rather than producing exhaustive analyses of indirect, cumulative, or policy-related impacts.

The US Environmental Protection Agency (EPA) recently released its proposed Sixth Unregulated Contaminant Monitoring Rule (UCMR 6), which would establish the parameters that water systems must monitor.

While it may seem like there are fewer calls of late to “electrify everything,” the legal debate over whether “gas bans” — local ordinances that prohibit use of fossil fuel-powered appliances in new construction — continues.

ArentFox Schiff partners Amy Antoniolli and Robert Middleton will speak at the Illinois Solar Energy & Storage Association’s (ISEA) Business Member Webinar: CRGA Trailer Bill & Regulatory Proceedings Update on July 9, 2026.

The permitting process plays a central role in projects ranging from clean energy to data centers. No longer just a regulatory hurdle, it is often the main forum in which broader disputes over growth, resources, fairness, and community acceptance play out.

The first half of 2026 has continued to see radical shifts in the energy space on issues ranging from data centers to affordability.

Energy & Cleantech Industry Group Co-Leader and Partner Amy Antoniolli will speak on federal permitting reforms and their impact on local renewable energy projects at EUCI’s Derisking Energy Project Permitting Conference on June 23, 2026.

ArentFox Schiff is pleased to announce that 23 practices and 81 attorneys have been recognized by The Legal 500 United States 2026 guide.

State policymakers are recalibrating how they regulate and incentivize data center development.

The Federal Aviation Administration (FAA) and US Department of Defense have stalled project reviews.

The Fourth Appellate District’s June 2 decision in Tate Road Solar 1, LLC v. County of Winnebago held that Illinois courts cannot compel counties to issue permits when solar projects meet statewide standards for solar siting under 55 ILCS 5/5-12020. 

ArentFox Schiff is pleased to announce that 68 attorneys were recognized as leaders in their field and 25 practices spanning the firm’s litigation, regulatory, and transactional capabilities, as well as key industries, were ranked among the best in the country in the 2026 edition of Chambers USA: America’s Leading Lawyers for Business.

In a recent win for renewable energy developers, the Michigan Court of Appeals confirmed that Michigan law prohibits local governments from imposing requirements on wind, solar, and energy storage projects more restrictive than state law.

Sustainability reports have become a routine part of corporate disclosures for many US companies, even though no single federal law requires them.

A Will County circuit court ordered the county board to issue permits for six solar energy projects in one of the first decisions applying last month’s landmark Equity Solar appellate ruling.

Classes of children are often named as plaintiffs in climate litigation, with complaints stressing the need for judicial intervention to overcome gridlock in the political branches.

In a significant win for the energy industry, the Maryland Supreme Court affirmed the dismissal of three municipal lawsuits alleging that energy companies engaged in deceptive practices related to the promotion of fossil fuels.

Environmental Partner Mike Showalter will speak about the EPA’s shifting enforcement approach at a free webinar hosted by the Washington Legal Foundation on April 21, 2026.

In recent months, states across the country have shifted their approach to data center regulation. More than 300 data center-related bills have been introduced in 30 states’ legislatures in the first six weeks of 2026 alone, marking a decisive pivot from incentive-focused policies toward regulatory oversight as the energy demands of hyperscale facilities become clearer.

The federal government is reshaping the rules for how data centers obtain power. In the past four months, the White House, Federal Energy Regulatory Commission (FERC), and US Congress have each taken significant action on data center energy policy that will influence how facilities are sited, powered, and interconnected for years to come.

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

ArentFox Schiff secured a significant victory for Equity Solar Illinois in a permitting dispute between the solar energy developer and Grundy County, Illinois, resulting in the state’s first appellate ruling that Illinois counties must issue siting permits to solar facilities that meet certain state standards.

Welcome to the March 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.