The Brief

For several months last year, patrons of a Seattle coffee shop called Tailwind Cafe had the option of ordering their Americanos and lattes in returnable metal to-go cups. Customers could simply borrow a cup from Tailwind, go on their way, and then at some point — perhaps a few hours later, perhaps on another day that week — return the cup to the shop, which would clean it and refill it for the next person. If it wasn’t returned within 14 days, the customer would be charged a $15 deposit, though even that was ultimately refundable if the cup was returned by the end of 45 days.

Tailwind’s head chef, Kayla Tekautz, said her cafe started the program out of a desire to address the environmental scourge of disposable plastic foodware and other packaging, the vast majority of which cannot be recycled. It was a partnership with a reusable packaging and logistics company called Reusables.com, which provided Tailwind and another Seattle area store, Cloud City Coffee, with branded cups and a QR code-operated drop-off receptacle.

But the cafe quickly ran into trouble. It was “overwhelming” to explain the return system to every interested customer, Tekautz said. Many were hesitant to participate after learning that they could only return the cups to Tailwind or the other drop-off location, 6 miles away. Plus, Tailwind’s QR code reader kept malfunctioning, requiring repeated visits from a mechanic. At the end of last summer, Tailwind quietly ended the return program. “It just didn’t work,” Tekautz said. (Reusables.com didn’t respond to Grist’s request for comment.)

In an effort to reduce consumption of single-use plastic, Seattle has spent the past several years encouraging local businesses to offer reusable cups, dishes, utensils, and packaging. It has made some laudable progress. Concertgoers at the Paramount Theater and attendees of the Northwest Folklife Festival, for example, can now order their libations in reusable polypropylene cups. And since 2022, students at the University of Washington have been able to check out bright green reusable food containers from a company called Ozzi.

Reusable cups offered at the Northwest Folklife Festival in Seattle.

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Courtesy Reuse Seattle

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These programs are helping Seattle avoid single-use plastic and create a “waste-free future,” according to the city’s reuse website. It’s a target that’s being pursued by many American cities, and at the global level too. Disposable plastic foodware and packaging — which accounts for nearly 40 percent of all plastic production — can only be phased out if there are robust, efficient reuse systems to replace them.

But some businesses, like Tailwind, have struggled to get reusable containers off the ground, often because of the small scale and disconnected nature of existing reuse programs. Instead of pooling resources and employing just one or two large cleaning and logistics services, businesses have so far chosen among several competing initiatives — or in some cases, have created and run their own programs. The result is a slew of incompatible containers, specific to just a few stores or locations, and inefficient systems for gathering, washing, and transporting between customers’ homes, sanitation facilities, and storefronts.

Having so many companies creating their own designs and logistics can be expensive, causing them to miss out on economies of scale that could make reuse more affordable and easily adoptable. According to Ashima Sukhdev, a policy adviser for the city of Seattle, she should be able to “pick up a coffee from my local cafe, and then drop it off in the lobby of my office building. Or drop it off at the library, or at a bus stop.”

What Sukhdev is describing would represent a highly unusual level of coordination across company lines. At coffee shops, this would mean reusable mugs shared not only between Tailwind and Cloud City, but also Starbucks and Peets. For grocery stores, it could mean picking up a jar of olives at Safeway, dropping off the empty container at Walgreens, and then having the same jar refilled with jam and sold at Whole Foods. Achieving this would require companies to rethink the way they compete with each other and differentiate their products. It would also require big changes from consumers, who have been trained for 70 years to expect disposability in just about every aspect of daily life.

Pat Kaufman, right, with Reuse Seattle team members.

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Courtesy Reuse Seattle

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Experts say these changes are necessary. “For this solution to become a reality, you’re gonna need standards,” said Pat Kaufman, manager of Seattle Public Utilities’ composting, recycling, and reuse program.

Kaufman is currently on a yearlong sabbatical working for a nonprofit called PR3, which is trying to create those standards. The questions they’re facing are: What will standardized reusable packaging systems look like — and what will it take to get companies, and consumers, to adopt them?

Every year, the world produces about 400 million metric tons of plastic — almost entirely out of fossil fuels like oil and gas. Some of this is used in essential products like contact lenses and medical equipment, but a much greater fraction goes toward sporks, cups, bags, takeout containers, and other items that get thrown away after just a few minutes of use. Most of this plastic will never be recycled due to technical and economic restraints; more than 90 percent of all plastics get sent to a landfill or incinerator, or turn up as litter in the environment, where they degrade into microplastics and leach hazardous chemicals. Plastics manufacturing causes additional harms, including air pollution that disproportionately affects low-income communities and communities of color living nearby.

For all of these reasons, public pressure to cut back on single-use plastics has escalated dramatically in recent years. Many companies have responded by launching trials and pilot programs allowing customers to borrow and return reusable cups, bottles, trays, jars, and other containers. These include small players like Ozzi, as well as behemoth brands like Walmart and Coca-Cola. There have been “more trials than Donald Trump,” said Stuart Chidley, co-founder of a reusable packaging company called Reposit.

Returnable containers from Reposit are offered at Mark & Spencer grocery stores in the U.K.

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Courtesy Reposit

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As in Seattle, however, their efforts have been siloed, making it hard for the reuse sector to grow. According to a recent report from the Ellen MacArthur Foundation, or EMF — a nonprofit that advocates for a “circular economy” that conserves resources — even companies that have pledged to dramatically scale down their use of plastics have only replaced 2 percent or less of their single-use containers with reusables.

“To realize the full benefits of return systems, a fundamentally new approach is required,” the authors concluded.

The four types of reuse systems

The Ellen MacArthur Foundation has identified four broad categories of reuse systems, based on who owns the containers and where they’re refilled or returned: refill on the go, refill at home, return on the go, return from home.

Refill on the go: Consumers bring their own reusable containers to grocery stores and other locations, and refill them there — think the bulk section of a supermarket, where shoppers refill their own jars or bags with nuts, grains, and other foods.

Refill at home: Consumers own their own reusable containers but instead of refilling them at a store, they order refills in the mail. For example, you order concentrated dish soap tablets and then dissolve them in a dispenser you already own.

Return on the go: Businesses own containers and let consumers borrow them — often by charging a deposit that is refunded when the container is returned. This system involves container drop-off points at grocery stores, coffee shops, and other designated locations outside the home.

Return from home: Businesses own the reusable containers, which logistics providers pick up from people’s homes and then transport to a washing facility so they can be used again — much like milkmen of old.

The EMF report focuses on reusable containers that you can return to the coffee shop, grocery store, or another drop-off point — known as “return on the go” — as opposed to those that consumers own and bring with them to stores. It says that three things need to happen to make reuse mainstream. First, companies have to achieve high return rates, so they don’t lose inventory when people steal or forget to return their containers. Second, they have to share infrastructure for washing, collecting, sorting, and delivery in order to achieve economies of scale. Third, reusable containers must be standardized. The third pillar makes the other two much easier to achieve, since it’s simpler to share logistics, scale up, and familiarize customers with reuse systems if they share common characteristics — for instance, if containers are designed with similar shapes, sizes, and materials.

To that end, PR3 has spent the past four years drafting standards for reuse systems, with a particular focus on container design. Through a “consensus body” composed of members from big business, the advocacy world, and government, PR3 is hoping to eventually certify the world’s first reuse standards under the International Organization for Standardization (known as ISO, to prevent confusion around different acronyms in different languages). This would lend legitimacy to the PR3 proposals, as the ISO maintains one of the world’s most widely accepted catalogs of standards. Others within its portfolio cover everything from food safety to the manufacturing of medical devices, and have been voluntarily adopted by many large companies and government bodies.

PR3 released a draft of its standards last year, and it’s been updating them behind closed doors since then. Specific standards on washing protocols are set to be published for public review this week, and the nonprofit hopes that its consensus body will vote to finalize standards for container design later this year.

A worker from Taiwan’s Blue Ocean, an environmental protection company, cleans reusable mugs in Taoyuan.

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Sam Yeh

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AFP via Getty Images

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So, what makes a good reusable container system? It’s complicated. Containers have to hold up under the stresses of logistics and transportation. They have to be relatively inexpensive. Perhaps most intangibly, they have to seem reusable, so customers don’t accidentally throw them in the trash. This can be accomplished through design elements — like containers’ color, texture, shape, and weight — or through other means, like easily recognizable drop-off boxes for used containers. Some reuse advocates support deposit fees, in which customers pay a small amount, usually just a dollar or two, in order to borrow a reusable container. They get the deposit back once they’ve returned the container.

None of these features is guaranteed to work. In designing draft standards, PR3 has often had to make educated predictions about which ones consumers will respond to. And those predictions can have far-reaching implications. If you assume customers will frequently lose or forget to return their containers, for example, then it probably won’t make sense to design thick containers that are capable of withstanding hundreds of uses.

“In the real world, return rates vary wildly,” Claudette Juska, PR3’s technical director and one of its co-founders, told Grist. “You don’t want to design a container for 400 uses if it’s only going to be used four times.” The most recent version of PR3’s standards say containers must be designed to withstand at least 20 uses and reused in practice at least 10 times.

On the other hand, it may be counterproductive to design containers with the expectation that they won’t be returned. According to Chidley, with Reposit, cheap-looking and -feeling containers could actually cause low return rates, since people might be more careless with them. His philosophy is to use features like color, weight, and shape to communicate containers’ reusability, making it less plausible that people will confuse them for disposables.

PR3 doesn’t have much specific advice on these characteristics, but some entrepreneurs Grist spoke with said they’ve hit higher return rates through particular design choices. For Chidley, this means making containers “beautiful” through high-quality, heavier materials with stylish branding. His containers are available at Marks & Spencer grocery stores across England and Scotland. Lindsey Hoell, founder of a reusable container logistics company called Dispatch Goods and a member of PR3’s standards panel, has forgone sharp-edged takeout food containers in favor of ones with smoother edges that “feel fancier.” And because so many single-use plastics are either black or white, her containers are bright red. “There’s a lot of soft science of what makes a consumer feel like something is durable,” she told Grist. Her containers are available across most of the U.S., mostly through grocery and meal delivery programs like Blue Apron and Imperfect Foods.

To some extent, the discussion about expected use cycles and perceived quality is really just another way of asking what kinds of materials reusable containers should be made of: durable plastic or something else? Answering that question can bring into conflict businesses’ economic interests with concerns about health and the environment.

In the published draft of its standards from last year, PR3 recommended that reusable containers be “plastic-free,” citing plastic additives’ wide-ranging impacts on human health and ecosystems. Plastic can be cheap, light, and durable, but plastic-related chemicals have been shown to build up in people’s bodies and the environment, where they may contribute to hormone disruption, cancer, and reproductive harm.

PR3 panel members like Jane Muncke, chief scientific officer for the nonprofit Food Packaging Forum, supported the recommendation. “I don’t think plastics are suitable materials for reusable packaging,” she told Grist. She’s concerned about chemicals migrating into foods and beverages — especially hot, acidic, or fatty foods, which are better at soaking up some plastic additives. Durable plastics are also largely nonrecyclable; after being turned into new products a few times, they have to be thrown away or “downcycled” into lower-quality products like carpeting.

Still, many entrepreneurs and even the PR3 founders themselves have moved away from a hard-line stance against plastics. Hoell, for example, originally got into reuse because she was frustrated by plastic-strewn beaches in California — “I’m a surfer and I hate plastics,” she told Grist. She started out making stainless steel containers but soon discovered that rigid plastics had much lower up-front costs, giving her more wiggle room to deal with lower return rates. She didn’t have to worry as much about frequently lost, stolen, or damaged containers.

Plastic was also easier to transport because of its light weight, Hoell added, and she cited some analyses suggesting that it has a lower carbon footprint than alternatives like steel. (These findings are controversial, however; critics say it’s misleading to focus only on plastic-related carbon emissions and not the materials’ other dangers, like toxic chemicals leaching from landfills.)Dispatch Goods now only makes its containers out of polypropylene, a kind of plastic that’s generally considered more inert than others (although it can still leach hazardous chemicals). Other reuse logistics companies like R.world, which operates in Seattle and is also represented on the PR3 panel, have similarly opted for polypropylene containers instead of metal or glass.

At Seattle Pacific University, a reusable container program for students eating at the Gwinn Commons dining hall also uses rigid plastic. The containers’ low cost allows Sodexo, the school’s foodservice provider, to charge students just $5 to participate in its reuse system all year, without tracking return rates or worrying too much about lost inventory. “We don’t have a list of subscribers,” said Andrew Chaplin, the dining team’s general manager. The program “runs itself.”

Representatives from PR3 told Grist that plastic has been a hot topic of debate among consensus body members, and that the final version of the standards is likely to move away from the “plastic-free” recommendation. “The standards are going to address this with the understanding that if the world can move away from plastic, great, but in the meantime, before that’s feasible, we’d better move where we can,” said Amy Larkin, PR3’s co-founder and director, who pointed out that moving to reusable plastics will still make a huge dent in overall plastic demand. “Let’s get rid of 90 to 95 percent of the production of single-use packaging.”

Rather than calling for specific container shapes and sizes, PR3 has drafted a few broad requirements — like that containers be designed to “optimize durability,” and that they follow “best practices for recyclability.” They must comply with existing food-safety regulations. Optionally, companies may label products with a universal symbol — kind of like the ubiquitous “chasing arrows” used to indicate recyclability. Such a symbol doesn’t yet exist for reuse, but PR3 has proposed one: a black, white, or orange rose-like pictogram along with the word “reuse.”

More specific design elements are included only as recommendations. To make washing easier, for instance, PR3’s draft says reusable containers should have interior angles no smaller than 90 degrees, as well as “feet” to maximize airflow during drying. They also say containers should “nest” to save storage space and make transportation easier.

A stack of reusable plastic to-go containers at a restaurant in Denver.

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Hyoung Chang

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The Denver Post via Getty Images

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This flexible approach fits into a category that EMF calls “bespoke with shared standards,” where containers can vary from brand to brand while still sharing common characteristics — like where labels are placed, or the width of a bottle’s mouth. This leaves big brands free to design their own unique packaging if they want to.

PR3’s approach aims to appease big businesses by allowing them to keep using containers that look and feel very different, so long as they conform to a set of broad requirements. “Product companies want that kind of autonomy,” Juska told Grist.

Coca-Cola, for example, sets itself apart with its iconic — and patented — hourglass-shaped Coke bottle. And beauty companies are notorious for differentiated packaging: Walking down the perfume aisle, you might see bottles shaped like everything from a high-heeled shoe to a kitten.

Many reuse advocates want to do away with those unique container designs, going even further than what PR3 has suggested in order to enable sharing among different companies — a situation where packaging is considered “pooled” within a market. So instead of an extravagant diversity of perfume bottles, all fragrances might come in interchangeable cylindrical jars.

A small number of companies — especially in Europe — already do this. For example, through a German program called Mach Mehrweg Pool (roughly translated to “Make Reuse Pool”), brands share a collection of identical glass jars that can be filled with different foods. When consumers return the empty containers to a supermarket, a logistics provider picks them up and brings them back to food producers for cleaning. Another organization called the German Wells Cooperative runs a similar program for reusable soda and water bottles, counting more than 150 beverage makers as members.

Other companies that have experimented with pooling, however, have only done so within the brands they control. Coca-Cola, for instance, has a “universal bottle” initiative in South America in which a single, standardized reusable bottle can be used for all of its beverage brands — Fanta, Sprite, Coke, and others. But the initiative is not universal across company lines; you couldn’t refill a Coke bottle with Pepsi.

Tom Szaky, founder and CEO of Loop, a “global reuse platform” that is represented on the PR3 panel, said standard-setters shouldn’t try to resist companies’ impulses to differentiate. Brands should be allowed to experiment with both unique and standardized reusable packaging and then “let the market decide” which is preferable, he told Grist. He raised concerns that pooling might not make sense for some particular products — like baby food, since shared containers can increase the risk of contamination, and babies are more vulnerable to illness.

There is already evidence, however, that companies are leaving money on the table by choosing not to pool their containers. According to EMF’s direct comparison of pooled and nonpooled standardized packaging, pooling containers reduces the cost of reusable packaging systems by up to 28 percent.

Plus, at least some intervention — perhaps regulation or financial incentives — is likely required to create conditions that are more favorable to reusables; a hands-off, market-led approach is what has led to today’s proliferation of throwaway plastics. EMF’s modeling suggests that only reuse systems “built collaboratively from the outset” can reach cost parity with single-use. Exactly what that collaboration will look like, however, is unclear, since the kinds of government regulations that could help foster it might be incompatible with the United States’ free market ethos and antitrust laws. Internationally, some cities and countries have done more than the U.S. to promote reuse, but none has gone as far as what EMF is suggesting.

Even in the absence of robust regulations, PR3’s standards are likely to nudge the country — and the world — in the right direction. Once they’re finalized, PR3 plans to submit them to the American National Standards Institute, the U.S. member organization of the ISO. From there, the standards would be opened up to public comment, potential revisions, and then final approval. PR3 would have to go through a separate submission and review process to get the standards approved by member countries of the ISO.

What would happen next is unclear. Other ISO standards — like for information security and energy efficiency — have been voluntarily adopted by individual companies or industry groups, either because they contain genuinely useful guidance on a complicated issue or because they increase businesses’ perceived trustworthiness.

ISO standards can also inform government regulations and international agreements. According to Juska, PR3 is already in talks with Canada’s environment ministry to shape new rules on reusable packaging, and the same thing could happen in any number of other jurisdictions. Juska is also hopeful that PR3’s standards will be acknowledged by or incorporated into the United Nations’ global treaty to end plastic pollution. The latest draft of the treaty mentions the need for standards — including for reusable packaging systems — some three dozen times, which Juska said is indicative of how “desperately needed” they are.

“If we want everyone to move in the same direction, we need to set some design parameters for how we want the system to function,” she said.

This article originally appeared in Grist at https://grist.org/business/what-will-it-take-to-get-companies-to-embrace-reusable-packaging/.

Grist is a nonprofit, independent media organization dedicated to telling stories of climate solutions and a just future. Learn more at Grist.org

Two of California’s largest courts are testing an AI tool that can draft orders and produce research memos.

Judges so far are using it primarily for civil cases, but documents obtained by CalMatters indicate the possibility of expanded applications in criminal cases, where people’s freedom and access to justice are on the line.

The Los Angeles County Superior Court began a pilot program in February to test a tool created by the company Learned Hand. Other courts may follow, according to Learned Hand founder and chief executive officer Shlomo Klapper.

Learned Hand uses a combination of language models from Anthropic, OpenAI and Google to act as an AI clerk for judges. The company says it tests for bias and accuracy, but it has not yet published results.

In Riverside County, which has a $10,000 agreement with the company to test the program, civil and probate attorneys are primarily using the tool to draft research memos that help judges reach their decisions. It’s typical for research attorneys to assist judges as they review cases.

Los Angeles County Superior Court has a roughly $314,000 contract that includes a roadmap to test the tool’s use in criminal, family and probate divisions. Officials would not describe in detail to CalMatters the criteria they’re using to evaluate whether use of the tool can safely expand to criminal and family courts, where the stakes are often much higher than in civil cases.

One judge who spoke to CalMatters on condition of anonymity due to judicial rules of conduct was alarmed when their colleagues at a recent luncheon said the technology could be used one day to evaluate appeals from people who believe their conviction or sentence was tainted by racial bias. California courts are handling a wave of those claims after lawmakers passed the Racial Justice Act in 2020.

“I think it is outrageous,” said the Los Angeles County Superior Court judge. “AI cannot and never will be able to replace human judgment in evaluating complex social dynamics. Ultimately, that will erode the public’s confidence in the competence and fairness of the judiciary.”

A majority of California's superior courts now have generative AI use policies, according to documents obtained by CalMatters via public records requests, which they were required to create by the state Judicial Council before using the technology. Roughly a dozen of the 51 courts that have responded to CalMatters’ requests said they are using AI-powered tools from LexisNexis, Thomson Reuters, and Microsoft’s Copilot.

Use of AI in courts has been controversial because of the propensity of AI models to cite falsehoods and to produce sycophantic text. Models from major companies like Google and Anthropic can reduce critical thinking and brain activity, according to a 2025 MIT study.

Language model hallucinations have already made it into the judicial system. Researcher Damien Charlotin has documented hundreds of instances of litigants, lawyers, and judges making mistakes when using AI to do their jobs including nearly 90 cases in state or federal courts based in California since August 2024.

Last fall, a Los Angeles-based lawyer received a historic $10,000 fine for citing cases that don’t exist, and earlier this month the Sacramento Bee reported that use of AI led to errors in four cases handled by prosecutors in Nevada County. Most of these cases involve lawyers or people who are representing themselves in court, but UCLA Law School professors predict that more judges will make AI-fueled mistakes in the future. In recent months, the U.S. Senate investigated federal judges in Mississippi and New Jersey for drafting decisions with generative AI that had serious factual errors.

Klapper, who previously worked as a clerk for a federal appeals court and for surveillance technology company Palantir, said the judiciary needs AI in order to reduce backlogs and increase efficiency.

“Could we hire more people?” he told CalMatters. “Maybe, but it’s not going to keep pace with the exponential increase that’s coming, nor is it going to be able to adequately solve the crisis of today. I think the only solution is to give every single judge and staff attorney their own AI clerk.”

Klapper said he’s aiming to combine the best parts of what human judges can do with the best parts of what machines bring to bear.

“I’m not saying all machines aren’t biased,” he said. “I’m not saying my machine isn’t even biased. I’m saying we can test it and people have tested it. And that is the benefit over humans.”

Generative AI use policies for the Los Angeles and Riverside County superior courts only require disclosure if a motion, decision, or other document is written entirely with generative AI.

Both courts refused to say whether plaintiffs are aware that the tool is being tested on their cases. In a statement to CalMatters, a spokesperson for the Los Angeles County Superior Court said testing is done on motions that have already been decided, separate from live case environments. However, the contract allows for testing on live cases.

“It is important to note that even with successful evaluation and thorough testing, the Court remains several months, if not years, away from implementing this type of tool,” said the spokesperson.

The contract allows the tool to be used for two critical motions in the criminal division: A motion to suppress, which is designed to determine what type of evidence the prosecution is allowed to present at trial, and motions for post conviction relief, which are filed by people who have already been convicted and want another shot at freedom.

That’s the “greatest concern” for Los Angeles County District Attorney Nathan Hochman. When he reviewed the contract, he referred to the motions as “two incredibly important motions in the criminal justice system.”

“When you’re dealing with someone’s liberty — as opposed to in the civil setting, which is everything other than liberty — the stakes couldn’t be higher,” said Hochman. “I don’t want to take the chance, particularly in a criminal case, that AI happens to get it wrong. And now someone’s constitutional rights have been infringed. Someone has gone to prison who shouldn’t have, or on the flip side, that somehow someone gets off.”

'An extremely perilous road'

In Los Angeles, some judges first heard about the new Learned Hand contract during a March presentation by Superior Court Judges Yvette Verastegui and Olivia Rosales. They lead the criminal branch and visit courthouses throughout the county as part of an annual roadshow, where they update judges on court operations, discuss workload and field questions. During a luncheon, Verastegui and Rosales said the tool could be used to assist with Racial Justice Act petitions in the future.

California’s Racial Justice Act allows people to challenge a criminal conviction or sentence that they believe was based upon racial bias. Petitions are filed directly to the court from people in state prison. If a case is found to have merit, the process includes appointing legal counsel, filing briefs and setting evidentiary hearings before a judge would decide whether to grant the petition.

That process could look different with a tool like Learned Hand. Verastegui and Rosales explained that, following an incarcerated person’s petition, the tool could generate tentative decisions for judges to consider in denying or advancing cases to the next stages, according to one judge who attended the luncheon.

“The concern, of course, that I have is that the courts will utilize that as a reference point and then get stuck to that initial analysis,” said the judge. “It’s an extremely perilous road to go down. Putting aside the inaccuracy, which will be a significant concern, it dehumanizes the whole process. It does not treat people as individuals with lived experiences. It essentially reimposes a one-size-fits-all style of justice.”

A second Los Angeles Superior Court judge who spoke with CalMatters on the condition of anonymity remembered the presentation and said they would not trust nor use the tool to summarize a Racial Justice Act petition.

AI can replicate or intensify patterns contained in the data used to make a model, including human biases. Large language models have a history of demonstrating race and gender bias, an analysis of predictive policing tech used by LAPD found racial bias, and an analysis of the risk assessment algorithm COMPAS found that it is more likely to label Black people as at risk of committing crimes after incarceration than white people with a similar record.

Public defenders who spoke with CalMatters echoed those concerns.

Elizabeth Lashley-Haynes, a deputy public defender at the Los Angeles County Public Defender’s Office, said it would be “highly problematic and bordering on unethical” for a judge to use the tool to review Racial Justice Act petitions, which she described as “incredibly nuanced.”

“They’re like nothing else in the legal system that has ever really been done,” said Lashley-Haynes, who specializes in Racial Justice Act cases. “Words that are used in these cases that have racial undertones or racial meanings are way beyond the realm of anything that artificial intelligence could do.”

In interviews with CalMatters, Klapper and Los Angeles County Superior Court Executive Officer, David Slayton, denied that the court has any plans to use the tool for Racial Justice Act petitions. A spokesperson for the Los Angeles Superior Court later confirmed in an email to CalMatters that the contract permits the tool to be used in such a way “but that possibility has not commenced in any way.”

Klapper said if they were to build out a Racial Justice Act module, the tool would need to be evaluated for bias and co-developed with the court.

“The timing very fortuitous, right?” he said. “It’s a very fraught decision, I’m not going to lie…extremely high stakes — a scenario where I understand people might be very concerned. Especially with criminal, I have even more hesitancy, even more guardrails than normal about, because there are liberty interests at stake.”

Extending beyond civil cases

In Los Angeles, six superior court judges and their research attorneys are primarily using the Learned Hand tool to conduct research, summarize motions and assist in drafting tentative rulings, according to Slayton. He says the tool won’t move beyond the civil division “until the court leadership is comfortable.”

“The court is being very deliberate and careful about how we use technology like this,” he said. “So until we evaluate it and determine that it is effective in those areas, we will not extend it to other areas.”

Los Angeles County Superior Court's Hollywood Courthouse, in Los Angeles, on March 12, 2025. Photo by Jules Hotz for CalMatters The tool will be evaluated on a quarterly basis to determine its future application, Slayton said, but he did not specify what kind of evaluation that entails. In an email to CalMatters, a spokesperson later said that Learned Hand is evaluated “against the same substantive expectations applied to law clerks and research attorneys: accurate legal research, sound analysis, neutral and judge-ready writing, and reliable work product that supports judicial decision-making.”

Los Angeles County Superior Court Judge Samantha Jessner, who chairs the Judicial Technology Advisory Committee, said she was unaware of the possibility that the tool could eventually be used outside of the civil division until recently. Judges are not privy to contract negotiations due to certain ethical limitations, she said.

“I think we have a duty and obligation to explore whether or not there is a place for artificial intelligence in what we do as a judicial branch and that’s exactly what this pilot is intended to afford us the opportunity to do,” said Jessner.

Riverside County Superior Court signed an agreement with Learned Hand in February. In emails obtained by CalMatters, Klapper proposed to two Riverside County Superior Court executives, Jason Galkin and Sarah Hodgson, that the court use the tool for a common civil court motion and “then expand quickly once we earn our stripes.” He suggested that Hodgson assemble a list of motions and workflows “that generate the most pain,” citing examples that included the Racial Justice Act.

Roughly two weeks later, Hodgson described the most laborious motions “that want to drive us into retirement,” including discovery motions and attorney fee motions. For criminal cases, the court suggested that Klapper focus on “things with the largest paper records,” citing death penalty habeas petitions and parole revocation.

Since the pilot started, seven civil and probate attorneys have been granted access to the tool. Galkin, the chief executive officer of the Riverside County Superior Court, said they are “kicking the tires on the product” to see what tasks it can do. The tool is not being used to draft tentative rulings, he said.

“We don’t even know if expansion is likely so there is no set criteria for what expansion might look like or thresholds for that because right now, the core question is: Does this help staff and does it advance what they’re trying to do in their roles?” said Galkin.

As testing is underway, attorneys like Hochman say that use of AI is inevitable, but would be better suited for low-level, repetitive and routine tasks.

“It’s the analysis of the case itself, coupled with the conclusions that will be reached, that I’m very hesitant to trust AI at this point — in large part, because I don’t know all of the inputs that AI is using to make its decision. The only thing I’m 100% sure of is that AI didn’t go to law school,” said Hochman.

Cayla Mihalovich is a California Local News fellow.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.

California’s Board of Equalization is a coveted spot once again for state lawmakers looking for a new gig almost a decade after then-Gov. Jerry Brown signed a law gutting the organization of any serious governing responsibility.

This year, three current state lawmakers are competing for seats on the nation’s only elected tax board. They’re among some two dozen candidates on the ballot for its four elected positions, which are divided by geographic districts.

The board has long been a launching pad to higher offices in California politics — Fiona Ma served on it before becoming state treasurer, as did Betty Yee and Malia Cohen before each being elected state controller.

The agency itself is a throwback to the 19th Century. It’s rooted in an 1879 constitutional amendment that created it and charged it with “equalizing” county property tax assessments statewide.

From that narrow mandate, it swelled to become a juggernaut that collected a third of the state’s tax revenue and provided a venue for people and businesses to contest their tax bills in front of the elected board. It survived numerous efforts by governors to kill it outright, including attempts by Pete Wilson and Arnold Schwarzenegger.

That is until 2017, when a cascade of allegations about board members misusing the office to promote themselves led to an authoritative state audit that lawmakers could not ignore.

Brown signed a law stripping the agency of any powers beyond what voters gave it in 1879 and created two new departments that report to the governor instead of the elected board: one to collect sales and use taxes and another to hear taxpayer appeals.

After that, Board of Equalization elections tended to be lower profile contests. Ted Gaines, a former Republican state lawmaker from the Sacramento area, won a seat. Former Democratic Assemblymember Sally Lieber is up for reelection on the board this year. The other members had experience in local politics instead of inside the Capitol.

“We’re lean but we’re not mean,” said Lieber, the incumbent for District 2, which includes 19 counties centered on the Bay Area. “I think the Board of Equalization is the right size in the system right now…I do really believe that the board has a role to play in being a forum for taxpayers to come forward to.”

This year voters will see more contentious elections for the tax board:

• In District 1 representing inland California, Republican state Sen. Shannon Grove of Bakersfield has more than $900,000 in a campaign account and name recognition from her representing the San Joaquin Valley in the Legislature since 2010. Democrats are putting up a fight for the district. Fresno City Councilmember Nelson Esparza is running with the party’s support.
• In District 2 representing coastal California north of Los Angeles, incumbent Lieber faces San Mateo Community College District Trustee John Pimentel. Lieber has the Democratic Party’s endorsement, but a number of Bay Area Democratic leaders are backing Pimentel, including state Treasurer Ma and San Jose Mayor Matt Mahan.
• In District 3 representing the Los Angeles area, former Monterey Park City Councilmember Yvonne Yiu put up $760,000 of her own money and has about $1 million on hand. The race has another heavyweight in Assemblymember Mike Gipson, a Democrat from Gardena who has served in the Legislature since 2014. 
• District 4 representing the San Diego area has an especially crowded race with Democratic state Sen. Tom Umberg of Santa Ana, San Ysidro school board member Martín Arias, San Diego Unified School District board member Cody Peterson, and Denis Bilodeau, a Republican supported by San Diego Assemblymember Carl DeMaio’s Reform California organization.

A forum for California taxpayers

The board was always popular among taxpayer advocacy groups, who liked that it provided a forum to focus on tax issues in a capital where debates often center on labor and business.

“It’s a very useful elected body that answers to the voters,” said Susan Shelley, vice president of communications for the Howard Jarvis Taxpayers Association.

Some of this year’s candidates are thinking of ways to make the most of the agency.

Arias believes the board could do more to assist homeowners and potential homeowners. As a taxpayer advocate in the San Diego County Assessor’s Office, he says he works with the Board of Equalization every day and has a front seat to how the system works.

“I think there’s a bigger opportunity here to make the Board of Equalization the constitutional office that it is — that it should be,” he said. “There’s a clear opportunity here for us to start advocating at the state level for all of our taxpayers, including those that don’t speak English.”

Umberg said he’d like the board to have more investigative power and resources. Citing instances in which San Bernardino and Los Angeles assessors have been arrested on felony charges, he said he’s most interested in the board’s oversight of property tax assessors.

“Although it’s not a high-profile job, it’s a critically important job, especially when we’ve got so many revenue challenges in California,” Umberg said in an interview with CalMatters.

Questioning BOE’s relevance

Advocating for the board’s expansion has drawn criticism from former board members and employees. Yee, a board member from 2004 to 2014, has been vocal about abolishing the board entirely because she believes that its limited responsibilities could be easily transferred to another department or agency.

“I just really do question how this board continues to have relevance,” she told CalMatters. “I sometimes feel like the board is really doing a lot of work in search of finding problems to solve. …I know with each of the board members, they feel very strongly about being a taxpayer advocate. But frankly, every public official should be a taxpayer advocate. ”

Democrats stopped short of killing the agency entirely because they would have had to put that question to voters.

“They should have just chopped the head of the snake off and done away with the Board of Equalization altogether,” said Mark DeSio, a former communications director for the board. “They didn’t do that. They left enough of the cancer to grow back.”

He cooperated with the audit that revealed misspending at the agency that appeared intended to promote its elected members as well as another that showed widespread nepotism in its hiring practices. He then lost his job in the reorganization and filed a whistleblower retaliation lawsuit against the state.

DeSio believes lawmakers want seats on the Board of Equalization because it allows them to maintain a high profile until they can run for office again.

“That was the recipe for disaster a few years back,” he said. “Somebody better watch these guys. They’re not there for the policy. It’s for the exposure.”

Cayla Mihalovich is a California Local News fellow.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.

Even as gas prices continued to rise across the United States, sales of electric vehicles fell in April. That is in contrast to strong growth elsewhere in the world, such as Europe. But American drivers are gravitating toward at least one more efficient powertrain: hybrids.

Sales of new EVs fell roughly 18 percent from March to April, according to the latest data from Edmunds, an auto research firm. Another company, Cox Automotive, pegged the drop at closer to 6 percent. Either way, experts said it’s clear that high gas prices aren’t leading to a significant shift toward EVs.

“There was a lot of window shopping,” said Ivan Drury, director of insights at Edmunds, noting that searches for electrified vehicles on the company’s site were strong. “It did not translate to tire-kicking and purchases.”

Price remains the steepest barrier for most people, said Drury. While electric vehicles can be less expensive to operate over the long-term — especially when gas prices are high — the upfront costs remain significant. The average transaction price for an EV in April was $6,214 higher than for vehicles with internal combustion engines, Cox reported.

“It’s still a cost hurdle,” said Stephanie Brinley, a principal automotive analyst at S&P Global Mobility. “You don’t know how long it’s going to take to get that back.”

At Thursday’s average gas price of $4.56 per gallon, an EV buyer would have to drive more than 40,000 miles to make up the difference with a car that gets 30 mpg. Savings on maintenance, like oil changes, could accelerate that timeline, but factors such as higher insurance prices and having to install a home charger could make the payback period even longer. If fuel prices fall, the advantage of an EV also shrinks.

“It’s very difficult for people to wrap their head around, ‘Hey, if I spend this $55,000, I might over time save’,” said Drury. “It requires a bit more math than most people want to go through.”

The calculus is much simpler for hybrid vehicles, which utilize batteries that can improve fuel economy by 25 to 45 percent without needing to plug in. A Honda CR-V, for example, gets around 29 mpg while the hybrid version gets 37. More and more popular models are only available as hybrids, a strategy that Toyota has perhaps embraced most notably. Last year, it ditched the gas-only version of the Camry sedan. The 2026 RAV4 followed suit.

Overall, Edmunds data shows that sales of hybrids are up 20 percent year-over-year and nearly 50 percent since February, when the U.S.-Iran conflict began. Sales of gas-powered gas are up about 11 percent over those same two months.

“I think this is going to be a hybrid moment,” said Stephanie Valdez Streaty, director of industry insights at Cox Automotive. “There are a lot of options.”

Used EVs provided another somewhat bright spot, she said. The segment saw a 3 percent increase in sales from March to April and a price premium of only $1,096 over used internal combustion vehicles. Used EVs also sold faster than their used gas-powered counterparts. “They’re really selling efficiently,” said Valdez Streaty, who added that there should be a glut of EVs available throughout the year as leases end. “I don’t think the inventory will be an issue.”

With Iran maintaining its hold over the Strait of Hormuz and summer travel season looming, gas prices appear set to keep climbing — which would only make an EV more appealing. Other parts of the world have seen significant jumps in sales since the conflict began, with Europe experiencing a surge and China setting an export record in April, according to BloombergNEF.

In the United States, though, it seems that only people already in the market for EVs are making the leap. “Edge-case people,” as Brinley called them. Dramatic pump readings “might nudge them because they were already in that direction,” she said. “But what we’re unlikely to see is a shift in current [internal combustion car] owners just fundamentally making that change simply because of gas prices.”

This article originally appeared in Grist at https://grist.org/solutions/why-hybrids-not-evs-are-winning-over-u-s-consumers/.

Grist is a nonprofit, independent media organization dedicated to telling stories of climate solutions and a just future. Learn more at Grist.org