United States: Construction & Planning

California's new statewide VMT mitigation program offers lead agencies an alternative approach to addressing significant transportation impacts under CEQA through monetary contributions supporting affordable housing development. The final guidance establishes a contribution-based framework while initially limiting program access to publicly funded projects, leaving private developers to monitor early implementation and continue evaluating traditional mitigation strategies.

The data center construction boom presents unique challenges beyond traditional building projects, from power requirements to equipment procurement. This analysis explores strategic contracting approaches that help owners navigate pricing risks, contractor capacity constraints, and regulatory requirements while maintaining speed and control in a market where billions of dollars and rapidly shifting business priorities are at stake.

The U.S. Department of the Interior and Department of Commerce have finalized a rule rescinding longstanding regulatory definitions of "harm" under the Endangered Species Act, fundamentally altering how habitat modification affects federal take prohibitions. This regulatory change, effective September 2026, eliminates the habitat-based interpretation that has governed ESA enforcement for over four decades, potentially reducing permitting requirements for development projects while facing imminent legal chal