Experts Argue Patchwork Laws Complicate Data Center Boom

Lawyers cite inconsistent state laws and federal policy shifts as key challenges.

Experts Argue Patchwork Laws Complicate Data Center Boom
Photo of (from left) Jane Accomando and Danielle Burt, partners at Morgan, Lewis, & Bockius.

WASHINGTON, April 21, 2026 – A rapidly evolving regulatory landscape is reshaping how data center projects are developed across the United States, complicated by inconsistent state laws and federal policy shifts.

Uncertainty surrounding federal funding and policy direction is complicating planning for many of these projects, said Danielle Burt, partner at Morgan, Lewis, & Bockius, speaking Monday at the Data Center World conference in Washington.

Burt pointed to changes to the Broadband Equity, Access, and Deployment program, originally funded at $42.5 billion. Federal officials have left roughly $20 billion in flux, with questions about how funds will be distributed.

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