Expert Analysis

• Is There A New 'Moderate Questions' Doctrine?

  

  The D.C. Circuit's recent Heating v. EPA decision signals that courts may begin to approach agency reliance on general statutory authorization with skepticism similar to the "major questions" doctrine the U.S. Supreme Court announced in West Virginia v. EPA last year, even in less major cases, says Jason Neal at HWG.

• DC Circ.'s Perchlorate Ruling Means Regulatory Restart

  

  The D.C. Circuit's recent ruling in National Resources Defense Council v. Regan, requiring the U.S. Environmental Protection Agency to regulate perchlorate under the Safe Drinking Water Act, reopens a decadeslong regulatory debate and creates renewed uncertainty for companies, say attorneys at Alston & Bird.

• Opinion

  Appellate Funding Disclosure: No Mandate Is Right Choice

  

  The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

• The Road Ahead For EPA's Greenhouse Gas Reduction Efforts

  

  Recent U.S. Environmental Protection Agency actions could help the Biden administration's goals of decarbonizing the electricity sector, but they will have to potentially overcome technical, legal and political challenges, says Andrew Shaw at Dentons.

• How Attys Can Avoid Exposing Their Firms To Cyberattacks

  

  Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

• What Purdue Ch. 11 Means For Future Of Third-Party Releases

  

  The Second Circuit’s highly anticipated ruling approving Purdue Pharma’s bankruptcy plan establishes stringent factors that lower courts must consider before approving nonconsensual third-party releases, but the circuit split on the matter means the issue is far from resolved, say Gregory Hesse and Kollin Bender at Hunton.

• Virginia 'Rocket Docket' Slowdown Is Likely A Blip

  

  After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

• NEPA Reforms May Aid Project Speed, But Red Tape Remains

  

  The Fiscal Responsibility Act of 2023 included amendments to the National Environmental Policy Act that are designed to streamline the federal environmental review process for infrastructure projects, but coordination with agencies and early stakeholder engagement are still likelier to lead to successful outcomes than time and page limits, say Jena Maclean and Stephanie Regenold at Perkins Coie.

• Takeaways From Tribes' High Court Adoption Case Victory

  

  The U.S. Supreme Court's decision in Haaland v. Brackeen, upholding the Indian Child Welfare Act, leaves the door open for individuals to bring equal protection claims, but generally bodes well for future tribal issues that reach the court, says Sarah Murray at Brownstein Hyatt.

• 5 Management Tips To Keep Law Firm Merger Talks Moving

  

  Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

• Opinion

  Okla. Bill Represents Restorative Justice For Tribal Students

  

  Oklahoma law will soon confer Native American students with the right to wear traditional regalia during graduation ceremonies, removing uncertainty for Native American students and providing long-overdue restorative justice in the relationship between tribes and schools, says Bree Black Horse at Kilpatrick.

• Rethinking In-Office Attendance For Associate Retention

  

  The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

• Bid Protest Spotlight: Timeliness, Discovery, Registration Gap

  

  In this month's bid protest roundup, Michaela Thornton at MoFo examines recent decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office that consider the timeliness of a protest filing, discovery beyond the administrative record and a lapse in System for Award Management registration.

• Sackett's US Waters Redefinition Is A Boon For Developers

  

  The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.

• Opinion

  Despite Its Plan Objections, UST Also Won In Purdue Ch. 11

  

  The Second Circuit’s recent decision approving Purdue Pharma’s reorganization plan is a win even for the dissenting Office of the U.S. Trustee because the decision sets extremely stringent guidelines for future use of nonconsensual third-party releases, say Edward Neiger and Jennifer Christian at Ask.