Mark Miller

Senior Attorney, Pacific Legal Foundation

Topics: Administrative Law & Regulation • Constitution • Criminal Law & Procedure • Politics • State Governments • Federalism & Separation of Powers • Environmental Law & Property Rights

Mark is a Senior Attorney with Pacific Legal Foundation (PLF), the nation's preeminent public-interest non-profit organization dedicated to the Constitution, liberty, and individual rights. Mark joined PLF in 2014, and in the years since he has concentrated on property rights litigation and policy. A board-certified specialist in appellate litigation, Mark most notably served as lead counsel for the landowners in the Weyerhaeuser v. United States Fish & Wildlife Service case, a unanimous win for property rights at the Supreme Court of the United States. He also served as second chair in PLF’s U.S. Army Corps of Engineers v. Hawkes Co. case, another unanimous win at SCOTUS for the property owners against federal government overreach. 

In 2020, Mark left PLF to take on a new role as general counsel and then chief of staff for South Dakota Governor Kristi Noem. As Governor Noem’s longest-serving chief of staff, Mark worked behind the scenes to promote smaller government, cut red tape, defend individual rights, protect liberty, and advance free-market principles. In addition to serving as Governor Noem's general counsel and chief of staff, Mark also served as the chair of the State of South Dakota's Social Studies Standards Commission. There he worked with his fellow commissioners over two years to successfully implement standards for civics and history that were recognized by a non-partisan group of national education experts as "standards that will put South Dakota at the forefront of what we know will work for children."  

After three years at Governor Noem's side, Mark returned home to PLF. 

Mark frequently writes and appears in print, on radio and TV, before state legislative committees, and in other public settings. He has been published in The Wall Street Journal, and his PLF work has been featured on CBS News, ABC’s The View, CBN, and Fox News. He regularly appears on SixriusXM’s POTUS channel as a Supreme Court commentator.  

Mark attended college and law school at the University of Florida, earning both degrees with honors. He elbow-clerked for U.S. District Judge Henry Lee Adams, Jr., and Florida state appellate court Judge Emerson R. Thompson, Jr.  

Mark and his wife Mindy, a Catholic school principal, have four children. Two of them are University of Florida alums like their dad, and two of them are University of Notre Dame Golden Domers like their mom. If you are looking for Mark on fall weekends, you’ll most likely find him rooting for either the Gators in the Swamp or his beloved Fightin’ Irish in the House that Knute Rockne and Lou Holtz Built. 

Mark has participated in a number of Fed Soc debates on law school campuses across the country over the years, debating property rights, environmental law, criminal justice reform, free speech, and abortion, among other topics.

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A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service

A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service

Federalist Society Review, Volume 19

 Note from the Editor:  This article previews one of the first cases of the Supreme...