Energy is their specialty. They are all energy experts, from corporate, tax, [real estate], labor, environmental, etc.

The Legal 500 US, 2024

Comprehensive Legal Solutions for Data Centers and Digital Infrastructure

With the rapid growth of artificial intelligence, data centers and co-location facilities have become critical assets for global economic growth. This rising demand, coupled with rising energy costs and grid constraints, has put intensified pressure on energy providers to find ways to increase power generation for data centers.

As one of the world’s leading energy and infrastructure law firms, Bracewell leverages its extensive energy regulatory, commercial real estate, transactional and project finance experience to deliver tailored solutions that address the challenges and opportunities of digital infrastructure projects.

We provide a multi-disciplinary approach that enables our clients to achieve their strategic objectives efficiently and effectively, whether it’s working with commercial real estate developers, investors and lenders, data center developers, renewable energy project developers or natural gas companies.

Advising Data Centers on Energy Procurement, Project Finance, Regulatory Compliance and More

Our work includes advising on siting and existing mineral and pore space lease issues, construction contracts, project financing, regulatory and public affairs strategies, as well as grid-tied and behind-the-meter energy procurement and power purchase agreements (PPAs).

Government Relations and Strategy Communications Support for Data Center Developers

Bracewell’s Policy Resolution Group (PRG) provides strategic government relations and communications support to clients navigating the challenging policy questions raised by the urgent need for new data center capacity, with all of the related power, permitting and construction issues related to this expansion. PRG has the experience and bench strength to represent major renewable electricity providers and clean fuel producers, as well as utilities, technology providers, building materials manufacturers, industrial gas suppliers and energy efficiency innovators.

Our government relations professionals help clients anticipate and respond to regulatory developments at the federal, state and local levels, including siting, permitting, energy and water use and environmental standards. Our bipartisan team leverages decades of experience across Capitol Hill and executive agencies to ensure that our clients’ priorities are clearly understood by policymakers, and that our clients are able to forecast where the opportunities ahead lie. Whether advising on legislative strategy, coalition building, or media engagement, PRG is a trusted partner for companies shaping, and powering, the future of digital infrastructure.

Data Center and Digital Infrastructure Services

Energy Expertise

Data centers require substantial energy resources that can be co-located or developed behind the meter from various generation sources. We understand the opportunity for the natural gas industry to develop direct agreements with data centers to provide co-located baseload energy. We are a leader in energy procurement, renewable energy sourcing, grid interconnection and power PPAs.

Commercial Real Estate Knowledge

Successful data center projects begin with robust site selection and land development. Bracewell’s real estate team offers comprehensive services — including land use analysis, zoning, permitting and environmental compliance — to secure optimal sites for commercial real estate clients and for data center developers.

Technology Transactions

Operationalizing data centers requires provisioning a whole host of technology goods and services from sophisticated technology vendors.  Similarly, commercializing data centers requires entering into what can be complex agreements with many customers.

Bracewell’s team of technology transactions attorneys has the experience to help our data center clients successfully structure and negotiate these contracts. Over the past 20 years alone, members of our team have acted on technology transactions involving over $25 billion in the aggregate.

Project Financing, Joint Ventures and Equity Investments

We draw on our extensive financial and transactional experience to support project financing, joint ventures and equity investments, ensuring digital infrastructure projects have the financial foundation necessary for success.

Tax Credits and Incentives

Tax credits play a pivotal role in the financial structuring of digital infrastructure projects. By incorporating available federal, state and municipal tax credits and incentives, we help developers and offtakers chart a path for improved project feasibility and economics.

Securing Permitting and Regulatory Approvals

Bracewell specializes in guiding data center and energy clients through the intricacies of permitting and regulatory compliance. From navigating the approvals required to develop data centers, to addressing the complexities of grid-tied or behind-the-meter energy projects or grid connections, we provide tailored legal advice designed to simplify the process and mitigate risks. 

Multidisciplinary Approach

Our multidisciplinary approach ensures comprehensive coverage across the digital infrastructure ecosystem. Bracewell’s services include:

Development and Construction

  • site acquisition and environmental permitting
  • EPC contracts and design-build agreements

Energy Procurement and Sustainability

  • structuring baseload and renewable energy PPAs
  • advising on energy resilience and carbon neutrality strategies
  • supporting compliance with grid interconnection requirements

Finance and Investment Structuring

  • project financing, including equity and tax equity structures
  • joint ventures and public-private partnerships
  • advising lenders and institutional investors

Regulatory Compliance

  • securing government incentives, tax credits and regulatory frameworks
  • navigating environmental, energy and zoning regulations