The continued growth of cloud computing, artificial intelligence, digital connectivity, and hyperscale infrastructure is driving significant investment in data center development and operations across the United States. For more than a decade, Stoel Rives has been leveraging its national reputation in energy and natural resources, infrastructure, real estate and construction, tax, finance, regulatory, and intellectual property matters to advise clients in the growing landscape of digital infrastructure projects.
Our multidisciplinary team advises landowners, developers, operators, investors, utilities, and technology companies alike. Whether we are helping to navigate complex permitting and regulatory frameworks, address power and utility constraints, structure and finance new projects, advise on construction, or support long-term operational and business objectives, Stoel Rives is an active partner in getting these projects off the ground.
Construction & Development
Data center projects require sophisticated coordination among developers, contractors, utilities, design professionals, lenders, and government agencies. Stoel Rives advises clients throughout all stages of project development and delivery, helping structure and negotiate arrangements that support efficient construction and long-term operational success.
Our team advises on:
- EPC, design-build, and construction management agreements
- Contractor, consultant, and procurement agreements
- Infrastructure and utility coordination
- Development and site access agreements
- Supply chain and equipment procurement matters
- Risk allocation and insurance issues
- Schedule, delay, disruption, and defect claims
- Construction disputes and litigation
- Public-private partnerships and infrastructure development arrangements
Our construction and infrastructure lawyers have extensive experience advising on large-scale industrial, high-tech manufacturing, renewable energy, and digital infrastructure projects throughout the United States.
Main Contacts:
Environmental & Permitting
Environmental planning, permitting, and compliance are critical to successful data center development and operations. Stoel Rives helps clients navigate complex federal, state, and local environmental requirements while supporting development timelines and operational objectives.
We advise clients on:
- Environmental review and permitting
- NEPA and state environmental policy compliance
- Air quality
- Water use considerations, water quality, and stormwater permitting
- Wetlands and natural resource issues
- Endangered species and cultural resource considerations
- Hazardous materials and remediation matters
- Environmental enforcement, compliance, and litigation
Stoel Rives regularly advises developers, investors, utilities, and infrastructure companies on complex industrial, energy, and environmental matters.
Main Contacts:
Regulatory & Energy
Reliable access to power and utility infrastructure has become one of the defining challenges in data center development – and a cornerstone of developers’ ability to market “powered land.” Stoel Rives provides integrated energy and regulatory counsel to clients navigating utility coordination, interconnection, transmission access, energy procurement, and evolving regulatory requirements for large load customers.
Our lawyers advise on:
- Utility service, including relevant agreements concerning transmission service, infrastructure development, power supply, and tariff offerings
- Interconnection matters
- Behind-the-meter generation, renewable and conventional energy procurement, and energy storage
- State and federal energy regulatory issues
- Public utility commission and ISO/RTO proceedings
- Economic development incentives and infrastructure planning
Stoel Rives is nationally recognized for its energy and project development capabilities and has extensive experience advising clients on energy infrastructure, project development, and regulatory matters associated with large-scale and energy-intensive projects.
Main Contacts:
Real Estate
Site selection, land use approvals, and infrastructure access are foundational to the successful development of any large industrial project, including data centers. Stoel Rives assists clients with complex real estate transactions and land use matters associated with new large-scale digital infrastructure projects and colocation with energy resources.
Our services include:
- Site acquisition and disposition
- Ground leases and commercial leasing
- Land use and zoning approvals
- Easements and access agreements
- Title, survey, and due diligence review
- Development and infrastructure agreements
- Rights-of-way and condemnation matters
- Tax incentive and economic development agreements
- Expansion planning and portfolio management
Our real estate and land use lawyers regularly advise clients on complex infrastructure, industrial, and energy developments across key growth markets.
Main Contacts:
Financing & Investment
Stoel Rives advises developers, lenders, sponsors, and investors on a broad range of sophisticated debt and equity financing structures, strategic investment arrangements, and transactional matters. Our extensive work in the energy sector positions us to advise on the structuring and financing of power generation resources on both sides of the meter.
We counsel clients on:
- Project and construction financing
- Acquisition and development financing
- Joint ventures and strategic partnerships
- Project finance and infrastructure investment transactions
- Debt and equity financing structures
- Private equity and institutional investments
- Refinancing and recapitalization transactions
- Economic development incentives
- M&A and exit strategies
Our project finance and energy transactions teams help clients structure transactions that support long-term operational and business objectives.
Main Contacts:
Tax
Tax planning and economic incentives can significantly impact the viability and long-term success of data center projects. Stoel Rives advises clients on federal, state, and local tax considerations associated with infrastructure investment, project development, and operations.
We advise clients on:
- State and local tax incentives
- Property tax planning and disputes
- Sales and use tax considerations
- Renewable energy tax incentives
- Opportunity zone and economic development programs
- Transactional and project tax structuring
- Tax aspects of joint ventures and financing arrangements
- Tax planning related to acquisitions, investments, and development
Our tax lawyers work closely with project developers, investors, and financing teams to help maximize available incentives and support efficient project structuring.
Main Contacts:
Intellectual Property & Privacy
Technology platforms, data security, operational resilience, and digital infrastructure are central to modern data center development and operations. Stoel Rives advises clients on technology transactions, intellectual property, privacy, cybersecurity, and risk management matters associated with digital infrastructure projects.
Our lawyers advise on:
- Technology licensing and commercial agreements
- Software and cloud services agreements
- AI, privacy, and cybersecurity issues
- Data governance and incident response preparedness
- Vendor, procurement, and managed services agreements
- Intellectual property protection and strategy
- Confidentiality and proprietary information protection
- Technology development and commercialization agreements
Our technology, privacy & cybersecurity team works closely with clients to structure agreements and operational frameworks that support evolving technology, security, and business needs.
Main Contacts:
Representative Matters
Energy Law & Regulatory Compliance
We have significant experience advising clients on laws and regulations governing energy production, distribution, and consumption. We draft and negotiate energy supply agreements and renewable energy transactions and assist with regulatory compliance matters.
- Advise Fortune 100 company on energy regulatory matters related to data center assets in California.
- Negotiated on behalf of Fortune 100 company power supply for data center in Minnesota.
- Negotiation of solar and storage project retail energy agreement for large new load in bilateral energy market.
- Negotiation of thousands of megawatts of virtual and physical power purchase agreements with data centers and hyperscalers.
- Negotiation of power supply for data center in Washington.
- Negotiation of power supply for data center in Oregon.
- Negotiation of power supply and district heating and cooling agreements for data center in Minnesota.
- Strategic evaluation of regulatory opportunities for data centers in South Dakota.
- Strategic permitting advice for multiple data center sites in Minnesota.
- Power supply evaluation for potential data center operation in Minnesota.
- Served as primary counsel to a subsidiary of Amazon in negotiation Amazon’s single-largest renewable energy purchase outside of ERCOT.
- Negotiation of variety of power-supply related contracts for Fortune 100 company for data center in California, including behind-the-meter generation, substation agreements, transformer acquisition, and power supply.
- Analyzing supply and transmission agreements for a Fortune 100 company related to its data center assets located across four states.
- Representation of data centers in transmission level interconnection agreements.
- Represented a Fortune 100 company with regard to a capacity agreement for data center in Wyoming.
Real Estate & Land Use
We advise on property acquisition, development, zoning, permitting, and land use planning. It often intersects with environmental and construction law.
- Represent a Fortune 100 company in permitting new data centers and expanding existing operations of data centers across the U.S.
- Represented Fortune 100 company in the acquisition of property adjacent to its existing data center to facilitate an expansion of the existing operations.
- Represented a national data center operator with land purchase for a large data center development project, including negotiating the purchase agreement and multiple easements required for site development.
- Negotiated a Letter of Intent and purchase agreement and conducted due diligence review for the acquisition of property in Utah County for a future development by a technology company.
- Provide compliance counseling for data center and fulfillment center development and operations.
- Represent a multinational Washington-based technology company, with diverse involvement in the formation and negotiation of transaction documents for real estate development and construction needs and the resolution of claims and disputes arising from data centers and other projects across the country.
Commercial Contracts & Infrastructure
We regularly assist clients with drafting, negotiating, and managing commercial agreements, especially those related to infrastructure, technology, and operational logistics.
- Negotiating on behalf of Fortune 100 company an interconnection agreement for a data center.
- Negotiations of agreements for interconnection studies for data centers in Washington and Oregon.
- Negotiation of agreements related to infrastructure build-out for Fortune 100 company in Arizona.