HWG LLP Energy Advisory
By: Austin Bonner, Sean A. Lev, John A. Hodges, and Jason E. Neal
The Department of Energy (DOE) has announced that it is exploring opportunities to leverage its land assets to support the growing demand for Artificial Intelligence (AI) infrastructure.1 In its Request for Information (RFI), DOE says that this initiative is consistent with the Trump Administration’s efforts to address the extraordinary challenges posed by the proliferation of data centers, AI’s association with data centers, and the unprecedented energy demands of those facilities. AI infrastructure includes not only data centers themselves, but also related cooling facilities and energy supply equipment, including sources of generation, such as nuclear power plants, and structures for transmission and storage. DOE requests responses to the RFI by May 7, 2025.
DOE owns or manages significant amounts of land across the United States that the agency believes may be suitable to support buildout of AI infrastructure. DOE says that these sites offer potential advantages such as access to or the potential to build power infrastructure, secure locations, and opportunities for technological collaboration with DOE research facilities. DOE is considering opportunities to leverage these assets to enhance the United States’ leading position in AI and to benefit local economies.
DOE seeks to enable the construction of AI infrastructure to begin at select DOE sites by the end of 2025, with a target of commencing operations by the end of 2027. The RFI will assess industry interest in developing, operating, and maintaining AI infrastructure on select DOE-owned or -managed lands, along with information on potential development approaches, technology solutions, operational models, and economic considerations. In addition, the RFI seeks input from grid operators that serve DOE sites on opportunities and challenges associated with existing energy infrastructure and the potential co-location of data centers with new energy generation.
DOE anticipates authorizing land use rights and privileges through either a long-term Ground Lease or an Easement.
In issuing the RFI, DOE launches a process it says will be guided by President Trump’s Executive Order 14179 “Removing Barriers to American Leadership in Artificial Intelligence,” which declared a policy “to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.”2 It also continues work similar to that directed by President Biden’s Executive Order 14141 “Advancing United States Leadership in Artificial Intelligence Infrastructure,”3 which directed DOE to identify sites for AI infrastructure. Though the two Administrations share similar goals with respect to data center buildout, we anticipate the Trump Administration will approach many of the specifics differently, including reducing the emphasis on clean energy resources. Industry should consider working with DOE to shape the process, which could result in significant opportunities for data center and energy providers and in potentially valuable inputs for AI companies.
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For more information please contact Austin Bonner, Sean A. Lev, John A. Hodges, or Jason E. Neal. Austin Bonner leads HWG’s Artificial Intelligence and Emerging Technologies practice and previously served as Special Assistant to the President for Economic Policy, Deputy U.S. Chief Technology Officer for Policy, and an advisor to Federal Communications Commission Commissioner Geoffrey Starks. Sean Lev has served as Acting General Counsel and Deputy General Counsel for Environment and Nuclear Programs at DOE and as General Counsel at the Federal Communications Commission. John Hodges regularly counsels clients on energy efficiency issues, including standards, testing and labeling, legislation, rulemaking, litigation, and enforcement. Jason Neal counsels clients on regulatory issues in DOE proceedings and represents clients in appellate challenges to adverse decisions.
Abigail T. Phillips, a Legal Analyst at HWG LLP, contributed to the preparation of this advisory under the supervision of John Hodges.
This advisory is not intended to convey legal advice. It is circulated publicly as a convenience and does not reflect or create an attorney-client relationship.
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1 DOE, Office of Policy, Request for Information on Artificial Intelligence Infrastructure on DOE Lands, Request for Information, 90 Fed. Reg. 14972 (Apr. 7, 2025).
2 Exec. Order No. 14179 of Jan. 23, 2025, Removing Barriers to American Leadership in Artificial Intelligence, id. 8741 (Jan. 31, 2025).
3 Exec. Order No. 14141 of Jan. 14, 2025, Advancing United States Leadership in Artificial Intelligence Infrastructure, id. 5469 (Jan. 17, 2025).