Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Director, Climate & Clean Air Program, Natural Resources Defense Council
David Doniger has been at the forefront of the battle against air pollution and global climate change since he joined NRDC in 1978. He helped formulate the Montreal Protocol, an international agreement designed to stop the depletion of the earth's ozone layer, as well as several essential amendments to the Clean Air Act. In 1993, he left NRDC to serve on the White House Council on Environmental Quality, followed by key posts at the U.S. Environmental Protection Agency. He rejoined NRDC in 2001 and has since been working to defend the Clean Air Act from assaults in Congress. He is based in Washington, D.C.
Former Administrator, U.S. Environmental Protection Agency
Scott Pruitt served as the 14th Administrator of the U.S. Environmental Protection Agency.
As Administrator, Mr. Pruitt’s overarching goal was to lead EPA in a way that our future generations inherit a better and healthier environment as he works with the thousands of dedicated public servants at EPA who have devoted their careers to helping realize this shared vision, while faithfully administering environmental laws.
Prior to the EPA, Pruitt served as the Attorney General for Oklahoma. Almost immediately upon taking office, he worked with his Democratic counterpart in Arkansas to reach agreement to study the water quality of the Illinois River, which crosses the border between the two states and has been enjoyed by generations of Oklahomans. The Statement of Joint Principles provides for a best science study using EPA-approved methods, with both states agreeing, for the first time, to be bound by the outcome.
Also during his tenure as Oklahoma’s Attorney General, Pruitt led an historic water rights settlement between Oklahoma, Oklahoma City and the Choctaw and Chickasaw Tribal Nations that preserved the ecosystems of scenic lakes and rivers on native lands. The agreement, which required Congressional approval, was enacted into Section 3608 of Public Law 114-322 and signed in December 2016. It provides a framework that fosters intergovernmental collaboration on significant water resource concerns with the settlement area, while at the same time protecting existing water rights and affirming the state’s role in water rights permitting and administration.
Water settlement cases can be lengthy, costly, divisive and disruptive; however under Pruitt’s forward-thinking leadership, the process was hailed by all parties as one of commitment, hard work, perseverance and cooperation.
Pruitt became a national leader through a career of advocating to keep power in the hands of hard-working Americans. He has a proven track record of working with others – including industry, farmers, ranchers, landowners and small business owners - who want to do the right thing by the environment.
He has dedicated his career to creating policy that serves the people. He strongly believes that environmental law, policy and progress are all based on cooperation between the states, cooperation between the states and EPA, and cooperation between regulators and the public. As Attorney General for Oklahoma, he led the state’s legal challenges against property rights intrusion, while protecting Oklahoma’s natural resources and environment.
He is recognized as a national leader in the cause to restore the proper balance between the states and federal government, and he established Oklahoma’s first federalism unit to combat unwarranted regulation and overreach by the federal government.
Before being elected attorney general, he served eight years in the Oklahoma State Senate where he was a leading voice for fiscal responsibility.
After earning his Bachelor’s Degree from Georgetown College and graduating from the University of Tulsa College of Law, Pruitt went into private legal practice, specializing in constitutional law.
In addition to his life as a civil servant, Pruitt is a successful entrepreneur. As a co-owner and managing general partner of Oklahoma City’s Triple-A minor league baseball affiliate, the Oklahoma City Redhawks, Mr. Pruitt took over the team’s marketing operations and helped the team become one of the minor league leaders in attendance and merchandise sales.
Pruitt is, first and foremost, a family man. He and Marlyn, his wife of 27 years, proudly raised their daughter, McKenna, and son, Cade, in Tulsa. Pruitt has made it a priority to pass on to his children the same principled family values with which he was raised.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Director, Climate & Clean Air Program, Natural Resources Defense Council
David Doniger has been at the forefront of the battle against air pollution and global climate change since he joined NRDC in 1978. He helped formulate the Montreal Protocol, an international agreement designed to stop the depletion of the earth's ozone layer, as well as several essential amendments to the Clean Air Act. In 1993, he left NRDC to serve on the White House Council on Environmental Quality, followed by key posts at the U.S. Environmental Protection Agency. He rejoined NRDC in 2001 and has since been working to defend the Clean Air Act from assaults in Congress. He is based in Washington, D.C.
Former Administrator, U.S. Environmental Protection Agency
Scott Pruitt served as the 14th Administrator of the U.S. Environmental Protection Agency.
As Administrator, Mr. Pruitt’s overarching goal was to lead EPA in a way that our future generations inherit a better and healthier environment as he works with the thousands of dedicated public servants at EPA who have devoted their careers to helping realize this shared vision, while faithfully administering environmental laws.
Prior to the EPA, Pruitt served as the Attorney General for Oklahoma. Almost immediately upon taking office, he worked with his Democratic counterpart in Arkansas to reach agreement to study the water quality of the Illinois River, which crosses the border between the two states and has been enjoyed by generations of Oklahomans. The Statement of Joint Principles provides for a best science study using EPA-approved methods, with both states agreeing, for the first time, to be bound by the outcome.
Also during his tenure as Oklahoma’s Attorney General, Pruitt led an historic water rights settlement between Oklahoma, Oklahoma City and the Choctaw and Chickasaw Tribal Nations that preserved the ecosystems of scenic lakes and rivers on native lands. The agreement, which required Congressional approval, was enacted into Section 3608 of Public Law 114-322 and signed in December 2016. It provides a framework that fosters intergovernmental collaboration on significant water resource concerns with the settlement area, while at the same time protecting existing water rights and affirming the state’s role in water rights permitting and administration.
Water settlement cases can be lengthy, costly, divisive and disruptive; however under Pruitt’s forward-thinking leadership, the process was hailed by all parties as one of commitment, hard work, perseverance and cooperation.
Pruitt became a national leader through a career of advocating to keep power in the hands of hard-working Americans. He has a proven track record of working with others – including industry, farmers, ranchers, landowners and small business owners - who want to do the right thing by the environment.
He has dedicated his career to creating policy that serves the people. He strongly believes that environmental law, policy and progress are all based on cooperation between the states, cooperation between the states and EPA, and cooperation between regulators and the public. As Attorney General for Oklahoma, he led the state’s legal challenges against property rights intrusion, while protecting Oklahoma’s natural resources and environment.
He is recognized as a national leader in the cause to restore the proper balance between the states and federal government, and he established Oklahoma’s first federalism unit to combat unwarranted regulation and overreach by the federal government.
Before being elected attorney general, he served eight years in the Oklahoma State Senate where he was a leading voice for fiscal responsibility.
After earning his Bachelor’s Degree from Georgetown College and graduating from the University of Tulsa College of Law, Pruitt went into private legal practice, specializing in constitutional law.
In addition to his life as a civil servant, Pruitt is a successful entrepreneur. As a co-owner and managing general partner of Oklahoma City’s Triple-A minor league baseball affiliate, the Oklahoma City Redhawks, Mr. Pruitt took over the team’s marketing operations and helped the team become one of the minor league leaders in attendance and merchandise sales.
Pruitt is, first and foremost, a family man. He and Marlyn, his wife of 27 years, proudly raised their daughter, McKenna, and son, Cade, in Tulsa. Pruitt has made it a priority to pass on to his children the same principled family values with which he was raised.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Vice President, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
John G. Malcolm oversees Advancing American Freedom’s work to increase understanding of the Constitution and the rule of law as Vice President of the organization’s Edwin Meese III Institute for the Rule of Law. Malcolm brings to the challenge a wealth of legal expertise and experience in both the public and private sectors.
Prior to joining Advancing American Freedom in 2025, Malcolm was the Vice President of the Institute for Constitutional Government and the Director of the Meese Center for Legal and Judicial Studies at the Heritage Foundation. Prior to joining Heritage in 2012, Malcolm was general counsel at the U.S. Commission on International Religious Freedom, as well as a distinguished practitioner in residence at Pepperdine Law School. From 2004 to 2009, Malcolm was executive vice president and director of worldwide anti-piracy operations for the Motion Picture Association.
Malcolm served as a deputy assistant attorney general in the Department of Justice’s Criminal Division from 2001 to 2004, where he oversaw sections on computer crime and intellectual property, domestic security, child exploitation and obscenity, and special investigations. Immediately prior to that, he was a founding partner in the Atlanta law firm of Malcolm & Schroeder, LLP.
From 1990 to 1997, Malcolm was an assistant U.S. attorney in Atlanta, assigned to the fraud and public corruption section, and also an associate independent counsel, investigating fraud and abuse in the Department of Housing and Urban Development. He was honored with the Director’s Award for Superior Performance for his work in connection with the successful prosecution of Walter Leroy Moody Jr., who assassinated an 11th Circuit judge and the head of the Savannah chapter of the NAACP.
A graduate of Harvard Law School and Columbia College, Malcolm began his career as a law clerk to a federal district court judge and a federal appellate court judge, and as an associate at the Atlanta-based law firm of Sutherland, Asbill & Brennan (new Eversheds Sutherland).
Malcolm, who resides in Washington, D.C., serves on the Board of Trustees of the Washington National Opera and is a Senate-confirmed member of the Board of Directors of the Legal Services Corporation, the largest funder of civil legal aid in the United States.
Adjunct Professor, New York University School of Law
The Clean Power Plan Goes to Court
David Bookbinder, David D. Doniger, Scott Pruitt, David B. Rivkin, Adam White
Environmental Law & Property Rights Practice Group
In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection...
The Clean Power Plan Goes to Court
David Bookbinder, David D. Doniger, Scott Pruitt, David B. Rivkin, Adam White
Environmental Law & Property Rights Practice Group
In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection...
Clean Power Plan in the Court - Podcast
David B. Rivkin, David Bookbinder
Environmental Law & Property Rights and Federalism & Separation of Powers Practice Groups Podcast
On September 27, 2016, the D.C. Circuit Court of Appeals will hear oral argument in...
What is Bitcoin?
Max Raskin, Research Fellow at the Institute for Judicial Administration at NYU Law, explains the...
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Religious Liberty and Nondiscrimination Norms: Is Peaceful Coexistence Possible? (Part 1)
In March 2013, the U.S. Commission on Civil Rights held a briefing to examine conflicts...
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Happy Anniversary to the FedSoc blog!
The new, revamped Federalist Society blog turns one year old this week! Take a look...
Final Agency Actions and Judicial Review: United States Army Corps of Engineers v. Hawkes Co.
James S. Burling
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses the Supreme Court’s recent decision in United States Army...
Book Review: The War on Cops
John G. Malcolm
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This book review supports the basic contentions of Heather Mac Donald’s...
Labor Day: Abraham Lincoln, Free Labor, Freedom and Free Enterprise
On Labor Day – as on many other days – I often find my thoughts...
What is Bitcoin?
Max Raskin
Short video featuring Max Raskin
Max Raskin, Research Fellow at the Institute for Judicial Administration at NYU Law, explains the...