Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Professor of Law, Georgetown Law
William W. Buzbee is a professor of law at Georgetown University Law Center. In his teaching and scholarship, he specializes in environmental law, legislation and regulation, and administrative law. Recent publications focus on climate regulation, deregulation and law governing agency policy change, and federalism. He also offers seminars on advanced environmental, regulatory, and constitutional law subjects, with his most recent seminar focused on “The Art of Regulatory War.”
Professor Buzbee’s books include the recently published Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War that Transformed New York City (Cornell University Press 2014) and Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question(Cambridge University Press, hardcover 2009, paperback 2011) (William W. Buzbee editor and contributor). He has been a co-author of the 5th , 6th, 7th and forthcoming 8th editions of Environmental Protection: Law and Policy (Aspen/Wolters Kluwer). Law review scholarship includes publications in New York University Law Review, University of Pennsylvania Law Review, Michigan Law Review, Stanford Law Review (co-authored), Cornell Law Review (co-authored), Duke Law Journal (forthcoming), George Washington Law Review, Iowa Law Review, The Journal of Law and Politics and in an array of other journals, books, news outlets, and blogs. Three of his articles have been named among the 10 best environmental or land use law articles of that year and republished in the Land Use and Environment Law Review. He regularly assists with appellate and Supreme Court environmental, federalism, and regulatory litigation, and also has testified before congressional committees on environmental and regulatory matters. He has published op-eds on regulatory and environmental issues with The New York Times, The Hill, CNN, and been quoted and interviewed by numerous press and media outlets.
Professor Buzbee joined Georgetown from Emory Law School, where he was a professor of law and directed its Environmental and Natural Resources Law Program. He also co-directed Emory’s Center on Federalism and Intersystemic Governance. He has been a visiting professor of law at Columbia, Cornell and Illinois law schools. He has also served as a professor for the Leiden-Amsterdam-Columbia Law School Summer Program in American Law. Professor Buzbee is a founding Member Scholar of the Center for Progressive Reform, a Washington D.C.-based regulatory think tank. Professor Buzbee was awarded the 2007-2008 Emory Williams Teaching Award for excellence in teaching. Professor Buzbee clerked for United States Judge Jose A. Cabranes, and before becoming a professor was an attorney-fellow at the Natural Resources Defense Council, and did environmental, land use and litigation work for the New York City law firm, Patterson, Belknap, Webb & Tyler. JD, Columbia Law School, 1986; BA, Amherst College, magna cum laude, 1983.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Distinguished Professor of Law, Widener University Delaware Law School
James R. May is Distinguished Professor of Law, and Chief Sustainability Officer, Widener University (USA). He also serves as co-Director of the Environmental Rights Institute and co-Director of the Dignity Rights Project at Widener University Delaware Law School. May is also an Adjunct Professor of Graduate Engineering, and founded and co-chairs a program on marine policy. May is the editor of Principles of Constitutional Environmental Law (American Bar Association), and co-editor of Shale Gas and the Future of Energy (Edward Elgar), Global Environmental Constitutionalism (Cambridge), Environmental Constitutionalism in Context (Edward Elgar), New Frontiers in Environmental Constitutionalism (United National Environment Programme, forthcoming), Implementing Environmental Constitutionalism(Cambridge, forthcoming), Standards of Environmental Constitutionalism (Cambridge, forthcoming), and Human Rights and the Environment: Indivisibility, Dignity and Legality (Edward Elgar, forthcoming). May is also author or co-author of more than 100 articles and book chapters, and numerous amicus briefs to the U.S. Supreme Court and U.S. federal courts of appeal on issues including environmental law, constitutional law, comparative constitutional, international environmental law, environmental rights, and human dignity.
May founded two non-profit environmental organizations (the Mid-Atlantic and the Eastern Environmental Law Centers), and has litigated more than 200 public interest environmental claims, including cases throughout the Mid-Atlantic to restore water and air quality, conserve rare species and habitats, and protect biodiversity.
May is a Member of Faculty to the National Judicial College, and a Fellow of the American College of Environmental Lawyers, for whom he has served as a delegate to Haiti and China. May has also served as a consultant to the U.S. Embassy on legal education in the Philippines, and to the Hungarian Embassy and the Moroccan Human Rights Council on constitutional reform. May is a member of Phi Kappa Phi, serves on numerous boards, and has won numerous awards, including from Pace University, Sierra Club, and the American Canoe Association. He earned his B.S. in Mechanical Engineering from the University of Kansas (Bowman Scholar), J.D. from the University of Kansas (Appellate Advocacy Scholar and national moot court champion), and LL.M. in Environmental Law from Pace University, where he was the Feldshuh Fellow and graduated first in class.
May is a member of the bar in the State of Pennsylvania, several federal courts of appeal, and the U.S. Supreme Court.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Distinguished Professor of Law, Widener University Delaware Law School
James R. May is Distinguished Professor of Law, and Chief Sustainability Officer, Widener University (USA). He also serves as co-Director of the Environmental Rights Institute and co-Director of the Dignity Rights Project at Widener University Delaware Law School. May is also an Adjunct Professor of Graduate Engineering, and founded and co-chairs a program on marine policy. May is the editor of Principles of Constitutional Environmental Law (American Bar Association), and co-editor of Shale Gas and the Future of Energy (Edward Elgar), Global Environmental Constitutionalism (Cambridge), Environmental Constitutionalism in Context (Edward Elgar), New Frontiers in Environmental Constitutionalism (United National Environment Programme, forthcoming), Implementing Environmental Constitutionalism(Cambridge, forthcoming), Standards of Environmental Constitutionalism (Cambridge, forthcoming), and Human Rights and the Environment: Indivisibility, Dignity and Legality (Edward Elgar, forthcoming). May is also author or co-author of more than 100 articles and book chapters, and numerous amicus briefs to the U.S. Supreme Court and U.S. federal courts of appeal on issues including environmental law, constitutional law, comparative constitutional, international environmental law, environmental rights, and human dignity.
May founded two non-profit environmental organizations (the Mid-Atlantic and the Eastern Environmental Law Centers), and has litigated more than 200 public interest environmental claims, including cases throughout the Mid-Atlantic to restore water and air quality, conserve rare species and habitats, and protect biodiversity.
May is a Member of Faculty to the National Judicial College, and a Fellow of the American College of Environmental Lawyers, for whom he has served as a delegate to Haiti and China. May has also served as a consultant to the U.S. Embassy on legal education in the Philippines, and to the Hungarian Embassy and the Moroccan Human Rights Council on constitutional reform. May is a member of Phi Kappa Phi, serves on numerous boards, and has won numerous awards, including from Pace University, Sierra Club, and the American Canoe Association. He earned his B.S. in Mechanical Engineering from the University of Kansas (Bowman Scholar), J.D. from the University of Kansas (Appellate Advocacy Scholar and national moot court champion), and LL.M. in Environmental Law from Pace University, where he was the Feldshuh Fellow and graduated first in class.
May is a member of the bar in the State of Pennsylvania, several federal courts of appeal, and the U.S. Supreme Court.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Andrew Varcoe was formerly a partner at Boyden Gray & Associates in Washington, D.C. From 2014 to 2017, Mr. Varcoe was Deputy General Counsel at the Biotechnology Innovation Organization (BIO), the trade association for the biotechnology industry. He previously served as an attorney in the Office of the General Counsel of the U.S. Department of Agriculture (USDA) in Washington, D.C., and Harrisburg, Pennsylvania. While at USDA, he briefed, argued, and mediated cases in the federal courts of appeals and helped manage USDA’s and its agencies’ nationwide appellate litigation docket, working closely with trial and appellate lawyers at the U.S. Department of Justice. Before joining USDA, Mr. Varcoe was an associate and then counsel at Wilmer Cutler Pickering Hale and Dorr LLP (previously Wilmer, Cutler & Pickering). Mr. Varcoe served as a law clerk to Justice Francis X. Spina of the Massachusetts Supreme Judicial Court (from 1999 to 2000), and to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit (from 2001 to 2002).
Mr. Varcoe received his J.D. cum laude in 1999 from Harvard Law School, where he was a research assistant to Professor Martha Minow and an editor of the Harvard Journal of Law & Public Policy. Mr. Varcoe graduated with honors in 1995 from the University of Chicago, where he was Student Ombudsperson (a mediator, reporting to the President of the University, who investigated and resolved student grievances) and a member of Phi Beta Kappa.
In 2018 and 2019, Mr. Varcoe served as Chairman of the Executive Committee of the Federalist Society’s Environmental Law and Property Rights Practice Group.
Distinguished Professor of Law, Widener University Delaware Law School
James R. May is Distinguished Professor of Law, and Chief Sustainability Officer, Widener University (USA). He also serves as co-Director of the Environmental Rights Institute and co-Director of the Dignity Rights Project at Widener University Delaware Law School. May is also an Adjunct Professor of Graduate Engineering, and founded and co-chairs a program on marine policy. May is the editor of Principles of Constitutional Environmental Law (American Bar Association), and co-editor of Shale Gas and the Future of Energy (Edward Elgar), Global Environmental Constitutionalism (Cambridge), Environmental Constitutionalism in Context (Edward Elgar), New Frontiers in Environmental Constitutionalism (United National Environment Programme, forthcoming), Implementing Environmental Constitutionalism(Cambridge, forthcoming), Standards of Environmental Constitutionalism (Cambridge, forthcoming), and Human Rights and the Environment: Indivisibility, Dignity and Legality (Edward Elgar, forthcoming). May is also author or co-author of more than 100 articles and book chapters, and numerous amicus briefs to the U.S. Supreme Court and U.S. federal courts of appeal on issues including environmental law, constitutional law, comparative constitutional, international environmental law, environmental rights, and human dignity.
May founded two non-profit environmental organizations (the Mid-Atlantic and the Eastern Environmental Law Centers), and has litigated more than 200 public interest environmental claims, including cases throughout the Mid-Atlantic to restore water and air quality, conserve rare species and habitats, and protect biodiversity.
May is a Member of Faculty to the National Judicial College, and a Fellow of the American College of Environmental Lawyers, for whom he has served as a delegate to Haiti and China. May has also served as a consultant to the U.S. Embassy on legal education in the Philippines, and to the Hungarian Embassy and the Moroccan Human Rights Council on constitutional reform. May is a member of Phi Kappa Phi, serves on numerous boards, and has won numerous awards, including from Pace University, Sierra Club, and the American Canoe Association. He earned his B.S. in Mechanical Engineering from the University of Kansas (Bowman Scholar), J.D. from the University of Kansas (Appellate Advocacy Scholar and national moot court champion), and LL.M. in Environmental Law from Pace University, where he was the Feldshuh Fellow and graduated first in class.
May is a member of the bar in the State of Pennsylvania, several federal courts of appeal, and the U.S. Supreme Court.
Sackett v. EPA: How Will the U.S. Supreme Court Define "Waters of the United States?"
Daren Bakst, William W. Buzbee, Damien Michael Schiff
A Regulatory Transparency Project Webinar
One of the most controversial and long-standing environmental issues deals with what waters are regulated...
Courthouse Steps Decision Teleforum: U.S. Fish and Wildlife Service v. Sierra Club
Nancie G. Marzulla, Damien Michael Schiff
In this case, Sierra Club, Inc. submitted a FOIA request to the U.S. Fish and...
U.S. Fish and Wildlife Services v. Sierra Club - Post-Argument SCOTUScast
Nancie G. Marzulla, Damien Michael Schiff
featuring Nancie Marzulla and Damien Schiff
On November 2, 2020, the Supreme Court heard oral arguments in U.S. Fish and Wildlife...
Courthouse Steps Oral Argument Teleforum: U.S. Fish and Wildlife Service v. Sierra Club
Nancie G. Marzulla, Damien Michael Schiff
Under the Clean Water Act, the Environmental Protection Agency (EPA) must approve clean water intakes,...
Deep Dive Episode 60 – Juliana v. United States
Jonathan H. Adler, James R. May, Damien Michael Schiff
Regulatory Transparency Project's Fourth Branch Podcast
On June 4, 2019, a Ninth Circuit panel heard oral argument in a high-profile interlocutory...
Litigation Update: Juliana v. United States
Jonathan H. Adler, James R. May, Damien Michael Schiff
On June 4, 2019, a Ninth Circuit panel heard oral argument in a high-profile interlocutory...
The Clean Water Act and Groundwater Pollution: A Natural Fit or an Interpretive Stretch?
Damien Michael Schiff
The scope of the Clean Water Act is a notoriously difficult question. Attention has largely...
Topics
Developments on Juliana v. United States
To what extent should the courts be involved in directing the federal government’s response to...
Courthouse Steps: Juliana v. United States
Damien Michael Schiff, Andrew R. Varcoe, James R. May
Environmental Law & Property Rights Teleforum
On December 11, a Ninth Circuit panel heard argument in San Francisco in an unusual appellate proceeding...
Topics
How will President Obama's judicial appointees affect the federal courts?
How will President Obama's judicial appointees affect the federal courts? Earlier this week, the Federalist Society...