Expert Analysis

• 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

  

  The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

• How AI Could Help Judges Spot Their Own Biases

  

  In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

• West Point Prof's Suit Tests Public Employee Speech Limits

  

  A recent complaint in New York federal court alleging that West Point unlawfully terminated a professor who challenged a directive banning references to human causes of climate change could illuminate how academic freedom and public employee speech protections apply at a military academy, say attorneys at Foley & Lardner.

• Va. Data Center Order Shows State Air Permit Limits

  

  A consent order over data center air pollution violations proposed by Virginia, which Microsoft recently agreed to, demonstrates why an emergency situation may not excuse state air permit noncompliance, and why emergency power reliability and environmental compliance cannot be evaluated in isolation, says Sanaa Chakibi at SICPA Securink.

• How To ID And Respond To 5 Types Of Misleading Witnesses

  

  Witnesses can mislead fact-finders using a variety of tactics — from strategic amnesia to manufactured ignorance — but lawyers can learn how to identify and expose this testimony to come out on top, says Allison Rocker at Baker McKenzie.

• Where Species And Wetlands Reg Rollbacks Leave Cos.

  

  The current administration's rollbacks of regulations covering waters of the U.S. and endangered species may ease permitting burdens and shorten approval timelines, but those potential benefits are tempered by state-level protections, likely legal challenges and possible reversals by a future administration, say attorneys at White & Case.

• 3 Strategies To Reduce AI Sycophancy In Legal Work

  

  The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

• Opinion

  Justices' Climate Ruling Should Preserve State Tort Claims

  

  As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

• 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

  

  In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

• PFAS Ruling Extinguishes A Policyholder Path To Coverage

  

  Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

• Series

  Being In The Peace Corps Made Me A Better Lawyer

  

  When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

• EPA Rollback Puts Power Plant GHG Rules In Flux

  

  The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

• 5 Ways Trial Attys Can Build Mental Health Counseling Skills

  

  Studies demonstrate that many attorneys are not equipped to respond adequately to trauma exposure, but trial lawyers can build several key skills drawn from mental health counseling into their interactions with clients and colleagues, from cognitive reappraisal to boundary setting, says Alexandra Echsner-Rasmussen at Aylstock Witkin.

• How Rule 45 Update May Change Remote Trial Subpoenas

  

  The Committee on Rules of Practice and Procedure's recently recommended update to Rule 45 of the Federal Rules of Civil Procedure would expand trial courts’ subpoena power for remote testimony, but it would not alter the standard for authorizing remote testimony and may prompt unresolved questions for foreign witnesses, say attorneys at WilmerHale.

• Tracking The 2027 Va. Bills That May Tighten Data Center Regs

  

  Data center developers and operators should monitor Virginia legislation responding to the state's new data center accountability framework, local moratoria and the end of an electricity consumption tax, which could change review thresholds, impose new energy rules and slow the approval process, say attorneys at Holland & Knight.