Solicitor General of Nebraska
Cody Barnett previously served as legal counsel on Alliance Defending Freedom’s Appellate Advocacy Team, where he represented various ADF clients before appellate courts across the country.
Before joining ADF, Barnett served as the William H. Rehnquist Fellow at Cooper & Kirk PLLC. He then went on to clerk for the Honorable Amul R. Thapar and the Honorable Raymond M. Kethledge, both of the U.S. Court of Appeals for the 6th Circuit, and for the Honorable Justin R. Walker of the U.S. Court of Appeals for the District of Columbia.
Barnett earned his J.D. from the University of Kentucky College of Law in 2017, where he graduated first in his class. He also served as president of the Christian Legal Society and as an articles editor for the Kentucky Law Journal. He completed ADF’s Blackstone Legal Fellowship in 2017. Prior to law school, Barnett earned a Bachelor of Arts in both history and political science from Transylvania University.
Barnett is admitted to practice law in Kentucky, the District of Columbia, and before several U.S. Courts of Appeal.
Senior Counsel, U.S. House of Representatives Judiciary Committee
Tessa E. Shurr serves as Senior Counsel to the U.S. House of Representatives Judiciary Committee (Majority).
Prior to joining the Judiciary Committee staff, Tessa served as a Litigation Associate at the Fairness Center, a non-profit law firm, where she represented clients who had been harmed by their public-sector union. Before that, she counseled high-level leadership at the U.S. Department of Justice’s Office of Legal Policy on legislative and regulatory matters, assisted the U.S. Department of Defense with procurement of supplies and services, and worked on both civil and criminal cases at the U.S. Attorney’s Office for the Middle District of Pennsylvania.
Tessa graduated from Penn State Dickinson Law in Carlisle, Pennsylvania. There, she served as Managing Editor of the Dickinson Law Review, one of the oldest legal journals in the United States. During her time in law school, Tessa earned CALI Excellence for the Future Awards in Advanced Federal Income Tax; Congressional Investigations; and Blockchain, Cryptocurrency, & Law. She also published an academic comment proposing a new regulatory scheme for digital assets and cryptocurrency.
Solicitor General of Nebraska
Cody Barnett previously served as legal counsel on Alliance Defending Freedom’s Appellate Advocacy Team, where he represented various ADF clients before appellate courts across the country.
Before joining ADF, Barnett served as the William H. Rehnquist Fellow at Cooper & Kirk PLLC. He then went on to clerk for the Honorable Amul R. Thapar and the Honorable Raymond M. Kethledge, both of the U.S. Court of Appeals for the 6th Circuit, and for the Honorable Justin R. Walker of the U.S. Court of Appeals for the District of Columbia.
Barnett earned his J.D. from the University of Kentucky College of Law in 2017, where he graduated first in his class. He also served as president of the Christian Legal Society and as an articles editor for the Kentucky Law Journal. He completed ADF’s Blackstone Legal Fellowship in 2017. Prior to law school, Barnett earned a Bachelor of Arts in both history and political science from Transylvania University.
Barnett is admitted to practice law in Kentucky, the District of Columbia, and before several U.S. Courts of Appeal.
Senior Counsel, U.S. House of Representatives Judiciary Committee
Tessa E. Shurr serves as Senior Counsel to the U.S. House of Representatives Judiciary Committee (Majority).
Prior to joining the Judiciary Committee staff, Tessa served as a Litigation Associate at the Fairness Center, a non-profit law firm, where she represented clients who had been harmed by their public-sector union. Before that, she counseled high-level leadership at the U.S. Department of Justice’s Office of Legal Policy on legislative and regulatory matters, assisted the U.S. Department of Defense with procurement of supplies and services, and worked on both civil and criminal cases at the U.S. Attorney’s Office for the Middle District of Pennsylvania.
Tessa graduated from Penn State Dickinson Law in Carlisle, Pennsylvania. There, she served as Managing Editor of the Dickinson Law Review, one of the oldest legal journals in the United States. During her time in law school, Tessa earned CALI Excellence for the Future Awards in Advanced Federal Income Tax; Congressional Investigations; and Blockchain, Cryptocurrency, & Law. She also published an academic comment proposing a new regulatory scheme for digital assets and cryptocurrency.
Partner, Boyden Gray PLLC
Michael Buschbacher is a partner at Boyden Gray PLLC. He represents public and private companies, trade associations, non-profits, and individuals in high-stakes litigation and administrative proceedings, with a particular focus on environmental and energy matters.
In addition to trial-level work, Mr. Buschbacher maintains an active appellate practice, both as merits counsel and as counsel for amici curiae. He has written amicus briefs quoted by the Seventh and Ninth Circuits. And his Supreme Court advocacy has been cited by The New Yorker, The New York Times, and E&E News. Mr. Buschbacher’s commentary on legal issues has been published in The Wall Street Journal, Newsweek, and The American Conservative.
Before joining the firm, Mr. Buschbacher served at the U.S. Department of Justice as counsel to the Assistant Attorney General for the Environment and Natural Resources Division. There, he advised senior Department leadership, served as the lead attorney on several lawsuits, and helped draft policy memoranda for the Department on the proper scope and procedure for environmental enforcement. Prior to serving in the government, Mr. Buschbacher was an associate in the D.C. office of Sidley Austin.
Mr. Buschbacher is a former clerk to Judge Alice M. Batchelder of the U.S. Court of Appeals for the Sixth Circuit and to Magistrate Judge Paul R. Cherry of the U.S. District Court for the Northern District of Indiana.
Mr. Buschbacher holds a B.A. in Music and Germanic Studies from Indiana University and a J.D., magna cum laude, from Notre Dame Law School.
Attorney, Separation of Powers, Pacific Legal Foundation
Josh Robbins is an attorney in Pacific Legal Foundation’s separation of powers group. He litigates cases to defend the structural protections of the U.S. and state constitutions that guarantee liberty for all Americans. He wants to help ensure Americans receive due process from the government when their lives and property are at stake and that the laws are made by our democratically elected representatives and not by unaccountable bureaucrats.
As an attorney in private practice, Josh saw firsthand how the government can embroil people (and even large corporations) in years-long legal battles. At PLF, he works to provide those without great resources an opportunity to vindicate their right to a properly ordered government, which is the right of all Americans.
Prior to joining PLF, Josh was an associate at a large law firm where he litigated cases in federal and state courts. He clerked for the Honorable Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston.
Josh earned a B.A. in economics and international studies from Yale University and a J.D. from the University of Virginia School of Law. While at UVA, he served as an articles editor for the Virginia Law Review. He lives in Alexandria, Virginia, and enjoys hiking, swimming, and attending Washington Nationals games.
Josh is a member of the bar only in the states of Virginia and D.C.
Lecturer in Law, University of Pennsylvania Carey Law School
Matthew Lee Wiener served until recently as the twice-presidentially appointed Acting Chair and Vice Chair of the Administrative Conference of the United States (ACUS), as well as a member of its Council and its Executive Director. (In 2016, President Obama nominated him to be ACUS’s Chairman.)
He is now a special counsel to ACUS, co-chair of its Council on Federal Administrative Adjudication, and a lecturer at the University of Pennsylvania Carey Law School, where he teaches Administrative Law.
Before affiliating with ACUS, Mr. Wiener was general counsel to U.S. Senator Arlen Specter (Senate Committee on the Judiciary), counsel to the U.S. House of Representatives Committee on the Judiciary, a partner at Dechert LLP, and special counsel to Cuneo Gilbert & LaDuca.
He has taught courses on administrative law, administrative practice, regulation remedies, statutory interpretation, and separation of powers at the law schools of the University of Pennsylvania, Rutgers University, and George Mason University.
Mr. Wiener is an elected member of the American Law Institute, a fellow of the American Bar Foundation, and co-chair of the Adjudication Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice.
Mr. Wiener holds a J.D. from Stanford Law School, where he was Articles Editor of the Stanford Law Review, and an A.B. from William and Mary.
Partner, Givens Pursley LLP
Jeff Beelaert is a partner at Givens Pursley LLP in Boise, Idaho, with a distinguished background of public service and extensive experience with trial and appellate litigation. As lead counsel, Jeff has achieved success for clients in high-stakes, complex cases at every level of state and federal courts, including the United States Supreme Court.
Before joining Givens Pursley, Jeff previously held several posts at the United States Department of Justice.
Jeff previously worked as an associate at Sidley Austin in DC, where he drafted Supreme Court briefs and handled white collar matters and investigations.
Associate, Jones Day
Harry Graver works on appeals and motions practice, with a focus on federal overreach. He has argued multiple successful cases before the federal appellate courts. And he has briefed matters at all levels of the judiciary.
Before joining Jones Day in 2021, Harry served as a law clerk to Justice Brett M. Kavanaugh of the Supreme Court of the United States and to Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. Harry graduated from Harvard Law School, where he received the Fay Diploma for being first in his class. He also serves as an adjunct professor at the Scalia Law School at George Mason University, teaching a course on the separation of powers.
Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law
Sam Kalen joined the University of Wyoming College of Law faculty in 2009, and he is the William T. Schwartz Distinguished Professor of Law and Associate Dean, as well as the founder and co-director of the School’s Center for Law and Energy Resources in the Rockies. Sam earned his B.A. from Clark University in Worcester, Mass., his J.D. from Washington University School of Law in St. Louis, and he spent a year studying legal history and constitutional thought in a PhD program at the University of Virginia. Before joining UW, Sam taught as a visitor or adjunct at a number of other law schools, he also served in the Solicitor’s Office at the Department of the Interior during the Clinton administration, and he practiced for many years with a Washington, D.C., law firm. Immediately after law school, he clerked at the Missouri Supreme Court.
Sam is passionate about teaching and writing in a variety of areas that impact environmental, public lands and natural resources, energy, and administrative law. He spent years practicing in each of these areas, including working with Indigenous Peoples and Tribal Nations, and attempts to explore these areas in both the classroom and in his scholarship. He is the author and co-author of numerous law review articles, including one that was cited and quoted in a Supreme Court opinion. His most recent law review article appeared in Maryland Law Review, on "Public Land Management’s Future Place: Envisioning a Paradigm Shift" (Vol 82, page 240, 2023). He also is a co-author of the American Bar Association’s Endangered Species Basic Practice Series book (2nd edition), a co-author of Natural Resources Law and Policy (3rd ed. Foundation Press), and a co-author Energy Follies: Missteps, Fiascos, and Successes of America’s Energy Policy (Cambridge U. Press 2018).
Sam alternates teaching a variety of courses, including Environmental Law, Administrative Law, Legislation, Legal History, Public Lands & Natural Resources, Energy Law, Energy & Climate Law & Policy, and Indian Law. He also has taught field courses, including courses exploring energy and natural resource issues in Wyoming, as well as a course on Public Lands and Natural Resources in Grand Teton National Park. Professor Kalen also has worked collaboratively with the University’s Haub School of Environment and Natural Resources.
Partner, Givens Pursley LLP
Jeff Beelaert is a partner at Givens Pursley LLP in Boise, Idaho, with a distinguished background of public service and extensive experience with trial and appellate litigation. As lead counsel, Jeff has achieved success for clients in high-stakes, complex cases at every level of state and federal courts, including the United States Supreme Court.
Before joining Givens Pursley, Jeff previously held several posts at the United States Department of Justice.
Jeff previously worked as an associate at Sidley Austin in DC, where he drafted Supreme Court briefs and handled white collar matters and investigations.
Associate, Jones Day
Harry Graver works on appeals and motions practice, with a focus on federal overreach. He has argued multiple successful cases before the federal appellate courts. And he has briefed matters at all levels of the judiciary.
Before joining Jones Day in 2021, Harry served as a law clerk to Justice Brett M. Kavanaugh of the Supreme Court of the United States and to Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. Harry graduated from Harvard Law School, where he received the Fay Diploma for being first in his class. He also serves as an adjunct professor at the Scalia Law School at George Mason University, teaching a course on the separation of powers.
Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law
Sam Kalen joined the University of Wyoming College of Law faculty in 2009, and he is the William T. Schwartz Distinguished Professor of Law and Associate Dean, as well as the founder and co-director of the School’s Center for Law and Energy Resources in the Rockies. Sam earned his B.A. from Clark University in Worcester, Mass., his J.D. from Washington University School of Law in St. Louis, and he spent a year studying legal history and constitutional thought in a PhD program at the University of Virginia. Before joining UW, Sam taught as a visitor or adjunct at a number of other law schools, he also served in the Solicitor’s Office at the Department of the Interior during the Clinton administration, and he practiced for many years with a Washington, D.C., law firm. Immediately after law school, he clerked at the Missouri Supreme Court.
Sam is passionate about teaching and writing in a variety of areas that impact environmental, public lands and natural resources, energy, and administrative law. He spent years practicing in each of these areas, including working with Indigenous Peoples and Tribal Nations, and attempts to explore these areas in both the classroom and in his scholarship. He is the author and co-author of numerous law review articles, including one that was cited and quoted in a Supreme Court opinion. His most recent law review article appeared in Maryland Law Review, on "Public Land Management’s Future Place: Envisioning a Paradigm Shift" (Vol 82, page 240, 2023). He also is a co-author of the American Bar Association’s Endangered Species Basic Practice Series book (2nd edition), a co-author of Natural Resources Law and Policy (3rd ed. Foundation Press), and a co-author Energy Follies: Missteps, Fiascos, and Successes of America’s Energy Policy (Cambridge U. Press 2018).
Sam alternates teaching a variety of courses, including Environmental Law, Administrative Law, Legislation, Legal History, Public Lands & Natural Resources, Energy Law, Energy & Climate Law & Policy, and Indian Law. He also has taught field courses, including courses exploring energy and natural resource issues in Wyoming, as well as a course on Public Lands and Natural Resources in Grand Teton National Park. Professor Kalen also has worked collaboratively with the University’s Haub School of Environment and Natural Resources.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Emmett Visiting Assistant Clinical Professor of Law in Environmental Law, Harvard Law School
Andrew Mergen is a Visiting Assistant Clinical Professor of Law and Faculty Director of the Emmett Environmental Law & Policy Clinic. Prior to joining the Harvard Law School faculty, Andrew Mergen served in the Appellate Section of the Environment & Natural Resources Division (ENRD) at the United States Department of Justice. Professor Mergen began his career at the Justice Department in the Honors Program and concluded his career as Chief of ENRD’s Appellate Section. He has presented oral arguments in all 13 federal courts of appeals, including two en banc courts, and before several state intermediate and supreme courts. He has also worked on over a dozen merits cases in the Supreme Court of the United States. In addition, in 2009, Professor Mergen assisted the Office of White House Counsel on the confirmation of the Honorable Sonia Sotomayor as Associate Justice of the Supreme Court. During his career at the Justice Department, Professor Mergen received the Attorney General’s Award for Distinguished Service three times. He also received ENRD’s Muskee-Chafee Award, honoring his work’s significant contribution to protecting the environment.
Before entering clinical teaching, Professor Mergen taught at several law schools including, Harvard Law School (Advanced Environmental Law), the University of Michigan Law School (Natural Resources Law) and the William S. Richardson School of Law, University of Hawaii-Manoa (Administrative Law). Professor Mergen has written about federal water rights in “A Misplaced Sensitivity: The Draft Opinions in Wyoming v. United States” (68 Colo. L. Rev. 683 (1997), with Sylvia F. Liu); energy development on public lands in “Surface Tension: The Problem of Federal Private Split Estates” (33 Land & Water L. Rev. 419 (1998)); climate change and the Endangered Species Act in “The Role of Climate Change in ESA Listing Decisions” (53 Rocky Mt. Min. L. Fdn. 67 (2016), with Murray Feldman) and the accommodation of Native American sacred sites on federal land in “Finding the Path Forward for Indigenous Sacred and Cultural Spaces on Federal Public Land,” 68 Nat. Resources & Energy L. Inst. 32-1 (2022). Professor Mergen is a graduate of the University of Wisconsin—Madison and the George Washington University Law School.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Emmett Visiting Assistant Clinical Professor of Law in Environmental Law, Harvard Law School
Andrew Mergen is a Visiting Assistant Clinical Professor of Law and Faculty Director of the Emmett Environmental Law & Policy Clinic. Prior to joining the Harvard Law School faculty, Andrew Mergen served in the Appellate Section of the Environment & Natural Resources Division (ENRD) at the United States Department of Justice. Professor Mergen began his career at the Justice Department in the Honors Program and concluded his career as Chief of ENRD’s Appellate Section. He has presented oral arguments in all 13 federal courts of appeals, including two en banc courts, and before several state intermediate and supreme courts. He has also worked on over a dozen merits cases in the Supreme Court of the United States. In addition, in 2009, Professor Mergen assisted the Office of White House Counsel on the confirmation of the Honorable Sonia Sotomayor as Associate Justice of the Supreme Court. During his career at the Justice Department, Professor Mergen received the Attorney General’s Award for Distinguished Service three times. He also received ENRD’s Muskee-Chafee Award, honoring his work’s significant contribution to protecting the environment.
Before entering clinical teaching, Professor Mergen taught at several law schools including, Harvard Law School (Advanced Environmental Law), the University of Michigan Law School (Natural Resources Law) and the William S. Richardson School of Law, University of Hawaii-Manoa (Administrative Law). Professor Mergen has written about federal water rights in “A Misplaced Sensitivity: The Draft Opinions in Wyoming v. United States” (68 Colo. L. Rev. 683 (1997), with Sylvia F. Liu); energy development on public lands in “Surface Tension: The Problem of Federal Private Split Estates” (33 Land & Water L. Rev. 419 (1998)); climate change and the Endangered Species Act in “The Role of Climate Change in ESA Listing Decisions” (53 Rocky Mt. Min. L. Fdn. 67 (2016), with Murray Feldman) and the accommodation of Native American sacred sites on federal land in “Finding the Path Forward for Indigenous Sacred and Cultural Spaces on Federal Public Land,” 68 Nat. Resources & Energy L. Inst. 32-1 (2022). Professor Mergen is a graduate of the University of Wisconsin—Madison and the George Washington University Law School.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Senior Counsel, Litigation, Defense of Freedom Institute
Don Daugherty is Senior Counsel, Litigation, at the Defense of Freedom Institute for Policy Studies. He previously served as a Senior Counsel at the Institute for Free Speech and the Wisconsin Institute for Law & Liberty. Before that, he was a partner at three of Wisconsin’s largest firms, with nearly 30 years of trial and appellate litigation experience. He has been consistently recognized as among the “Best Lawyers in America,” as well as Wisconsin’s “Super Lawyers.” He received his B.A. from the University of Virginia and his J.D. from Northwestern University Law School. After law school, he served as a clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit.
Don is on the Board of Advisors for the Milwaukee Lawyers’ Chapter of the Federalist Society, and on the Executive Committee of the Federalist Society’s Litigation Practice Group.
Litigation Update: Chiles v. Salazar
Cody Barnett, Tessa Shurr Levensohn
Chiles v. Salazar arises from a challenge to a Colorado law limiting therapists’ speech when...
Litigation Update: Chiles v. Salazar
Cody Barnett, Tessa Shurr Levensohn
Chiles v. Salazar arises from a challenge to a Colorado law limiting therapists’ speech when...
A Debate on Separation of Powers: Was SEC v. Jarkesy Rightly Decided?
Michael Buschbacher, Josh Robbins, Matthew Lee Wiener
The Regulatory Transparency Project and the Federalism & Separation of Powers practice group hosted a...
Topics
Murthy Provides a Teachable Moment About the “Vast Power” of the Administrative State
Digital platforms, as private entities, enjoy First Amendment protection. Indeed, the Supreme Court said last...
The Antiquities Act: A Tool for Conservation, or a Law Without Limit?
Jeff Beelaert, Harry S. Graver, Sam Kalen
In 1906, Congress passed the Antiquities Act, which gives the President the authority to set...
The Antiquities Act: A Tool for Conservation, or a Law Without Limit?
Jeff Beelaert, Harry S. Graver, Sam Kalen
In 1906, Congress passed the Antiquities Act, which gives the President the authority to set...
What Does "New" Mean? Agency Action Post-Chevron
Jonathan Brightbill, Richard A. Epstein, Andrew Mergen, Robert V. Percival
Last term, the Supreme Court handed down its ruling in Loper Bright Enterprises v. Raimondo. ...
What Does "New" Mean? Agency Action Post-Chevron
Jonathan Brightbill, Richard A. Epstein, Andrew Mergen, Robert V. Percival
Last term, the Supreme Court handed down its ruling in Loper Bright Enterprises v. Raimondo. ...
Litigation Update: Recent Challenges to the New Title IX Regulations
Donald A. Daugherty
This past April, the Department of Education published a 423-page final rule amending its implementing...
Litigation Update: Recent Challenges to the New Title IX Regulations
Donald A. Daugherty
This past April, the Department of Education published a 423-page final rule amending its implementing...