Energy Emergency: Executive Power and the Future of U.S. Energy
Regulatory Transparency Project
The Mayflower Hotel - East Room1127 Connecticut Ave
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Partner, K&L Gates
Varu Chilakamarri is a partner in the K&L Gates Environment, Land, and Natural Resources practice group. Her practice focuses on litigation services, particularly in appellate matters and in administrative, environmental, and energy law. Varu also counsels clients on government-facing matters, which often involve strategic analysis of legal risks and opportunities presented by statutory and regulatory frameworks.
Varu joined K&L Gates after a 17-year career at the US Department of Justice, where she was a successful federal district and appellate court litigator and held various senior leadership roles. Most recently, she served as Deputy Assistant Attorney General in the DOJ's Civil Division. In this role, Varu was the head of the Torts Branch, an office of over 230 litigators and staff who defend the United States in a wide range of suits for monetary damages—including toxic tort cases arising out of environmental regulatory actions, constitutional tort cases, and cases brought under unique statutory compensation programs.
Before that, Varu was an appellate attorney in the Environment and Natural Resources Division, serving as lead counsel in complex civil and criminal appeals. These included facial challenges to the constitutionality of federal laws and regulations, and challenges to the validity of federal permitting and land use decisions (e.g., cases involving the National Environmental Policy Act, the Endangered Species Act, and the Clean Water Act). She also litigated enforcement cases, including those involving violations of substantive environmental laws, recordkeeping requirements, and various Title 18 provisions. She argued cases before the US Court of Appeals for the Third, Fifth, Ninth, Tenth, D.C., and the Federal Circuit, and she has practiced in several other federal appellate and district courts. Varu was previously appointed as the Division's first counselor for animal welfare matters and served as Chief of Staff to the Assistant Attorney General in DOJ's Environment and Natural Resources Division. Varu's work at the DOJ often centered on novel legal challenges arising from a broad suite of federal statutes, including two preemption lawsuits that went to the US Supreme Court.
Varu joined the DOJ in 2006 through the Attorney General's honors program as a trial attorney in the Civil Division's Federal Programs Branch, and during her tenure, also worked in the office of the Associate Attorney General as Acting Deputy and served on detail to the White House Counsel's Office. Before joining the DOJ, Varu clerked for Judge R. Guy Cole in the US Court of Appeals for the Sixth Circuit and Judge Timothy B. Dyk in the US Court of Appeals for the Federal Circuit.
Executive Counsel - Issues and Advocacy, Exxon Mobil Corporation Law Department
Robert Levy serves as Executive Counsel at ExxonMobil, where he leads the company’s legal strategy on advocacy and civil justice reform. His work includes representing ExxonMobil in state and national organizations dedicated to improving the legal system and the rule of law, coordinating amicus support on key policy and litigation matters, and advising on data privacy and information governance. He previously oversaw the company’s eDiscovery compliance and cybersecurity law initiatives.
Robert currently chairs the Board of the American Tort Reform Association and previously served as President of the Civil Justice Reform Group. He is Treasurer of Lawyers for Civil Justice (LCJ), chairs its Discovery Committee, and serves on its Amicus Committee. He is also actively involved with the U.S. Chamber of Commerce’s Institute for Legal Reform and Litigation Center and sits on the Executive Committee of the Texas Civil Justice League. Additionally, he is an active member of the Federalist Society and its In-House Counsel Network.
A long-standing member of the Texas Supreme Court Advisory Committee, Robert has served for over 14 years and currently chairs one of its subcommittees. He also sits on the Advisory Councils of the Atlantic Legal Foundation, the Center for Law & Public Policy, and the Mountain States Legal Foundation. In recognition of his leadership, LCJ awarded him with the Al Cortese Award for his contributions to civil justice reform. Texans for Lawsuit Reform and the Texas Civil Justice League have honored Robert for his years of service to TCJL and Texas civil justice reform.
He has also been deeply engaged in community and bar activities, serving for over a decade on the board of Houston Volunteer Lawyers and on the board of the Houston Jewish Federation. He is a former Chair of the Board of Robert M. Beren Academy, where he was honored with the Dena and Baruch Brody Award for his leadership and service. Additionally, he served as President of United Orthodox Synagogues, reflecting his longstanding commitment to faith-based and civic leadership.
Robert is a frequent speaker at legal conferences and continuing legal education (CLE) programs. Early in his career, he served as a briefing attorney for the Honorable Judge Robert Parker of the U.S. District Court for the Eastern District of Texas. He has practiced law for over 39 years and earned his J.D. with honors from the University of Texas School of Law in 1986.
Before joining ExxonMobil, Robert was a partner at Haynes and Boone, LLP for over 14 years, where he practiced in the Business Litigation Section. He also held positions at Johnson & Gibbs and Weil, Gotshal & Manges.
Robert and his wife Barbara reside in Houston, Texas, where they raised four children and now enjoy their role as proud grandparents to three grandchildren.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Partner, Vinson & Elkins
Corinne principally practices in environmental law, with an emphasis on litigation, regulatory compliance, internal investigations, and defense against government investigations and enforcement actions.
Corinne draws on wide experience at the U.S. Department of Justice, including serving as Senior Counsel in the Office of the Associate Attorney General, which oversees all civil litigation on behalf of the United States, and as Counselor in the Office of the Attorney General.
Corinne most recently served as Counsel and Chief of Staff in the Environment and Natural Resources Division of the U.S. Department of Justice, where she assisted in managing a 600-person division that included 400 lawyers. In this role she helped manage the Division’s civil and criminal litigation arising under more than 150 environmental and natural resources laws.
She also worked closely with the General Counsel’s Offices for multiple federal agencies, including the EPA, Departments of Interior, Defense, Energy, Commerce, and Agriculture, as well as the White House and Counsel on Environmental Quality to advise high-ranking officials on policy and litigation risks associated with the environmental and natural resource laws.
She has personally argued cases in three U.S. Courts of Appeals, and multiple district courts, and served as the lead or co-lead counsel in district court litigation defending agency regulations, approvals, and permits related to oil and gas operations and other energy extraction projects.
Her roles in government have given her a unique perspective into the decision-making processes in the federal government.
In the private sector, Corinne counsels clients on environmental compliance across a variety of industries, including energy, chemical, manufacturing, and mining sectors. In the transactional context, she assists in the drafting and negotiating of the environmental terms in purchase and sale agreements, lease agreements, credit agreements, and disclosures for debt and equity offerings and public filings. She has also drafted comments on behalf of clients to agencies on proposed rules with significant implications for the oil and gas industry.
Counsel, Sidley Austin LLP
JIM WEDEKING is an environmental litigator, representing large companies in the defense of criminal and civil enforcement actions, toxic tort defense, and complex civil litigation. A key aspect of Jim’s practice includes developing an involved understanding of how a client’s facilities and operations function, given the complex scientific and technical issues that are typically the subject of litigation. These clients have included large companies in the oil and gas, electric power, chemical manufacturing, mining, and automotive industries.
Selected representations include:
Jim has significant experience aiding clients in criminal and civil investigations, including responses to grand jury subpoenas and federal agency information requests. This experience helps reduce the burden of response for clients while targeted internal investigations aid in resolving potential compliance issues. Jim’s work on environmental litigation has earned him recognition as a Rising Star in environmental litigation in 2014 and 2015 by Washington D.C. Super Lawyers magazine.
AI Innovation and Law Fellow, University of Texas School of Law
Kevin Frazier is an AI Innovation and Law Fellow with University of Texas School of Law.
Assistant Professor of Law, Emory University School of Law
Alexander "Sasha" Volokh is an assistant professor of law, joining the Emory Law faculty in Fall 2009.
Professor Volokh earned his B.S. from UCLA and his J.D. and Ph.D. in economics from Harvard University. He clerked for Judge Alex Kozinski of the Ninth Circuit and for Supreme Court Justices Sandra Day O'Connor and Samuel Alito. Before coming to Emory, he was a visiting associate professor at Georgetown University Law Center and a visiting assistant professor at University of Houston Law Center.
His interests include law and economics, administrative law and the regulatory process, environmental law and policy, and legal history. His current research topics include the private management of government services, medieval law, judicial decisionmaking and statutory interpretation.
James C. Dever III serves as a United States District Judge for the Eastern District of North Carolina. President George W. Bush nominated Judge Dever (then age 39) in May 2002, and the United States Senate unanimously confirmed him. Before serving as a United States District Judge, Judge Dever served as a United States Magistrate Judge for fifteen months. He served as Chief Judge from October 2011 through October 2018.
Judge Dever received his B.B.A., with high honors, from the University of Notre Dame in 1984. He attended Notre Dame on a four-year ROTC scholarship. He was a Distinguished Military Graduate, was elected to Beta Gamma Sigma, and received the Raymond P. Kent Award (which is awarded to the graduating senior with the highest average in finance/economics classes). He received his J.D., with high honors, from Duke University School of Law in 1987. At Duke, he served as editor-in-chief of the Duke Law Journal, was elected to the Order of the Coif, and received numerous academic awards.
After graduating from law school, he served for one year as a law clerk for Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuit. Following his clerkship, Judge Dever was the sole attorney entering active duty in the Air Force selected to serve in the Air Force General Counsel’s Honors Program at the Pentagon. While on active duty, he provided legal advice to and conducted litigation for the Secretary of the Air Force. He served on active duty in the Air Force at the Pentagon from October 1988 until September 1992. At the conclusion of his service, he received the Meritorious Service Medal.
Judge Dever then returned to North Carolina and joined Maupin Taylor & Ellis, P.A. in Raleigh. While in private practice, he engaged in a wide variety of complex civil litigation and served on the law firm’s management committee. He was repeatedly listed in the Best Lawyers in America and in Business North Carolina’s Legal Elite for Employment Law. Since 1997, Judge Dever has taught employment law and criminal procedure as an adjunct law professor at Campbell University’s Norman Adrian Wiggins School of Law. Since 2008, Judge Dever has co-taught a seminar on sentencing and punishment as a senior lecturing fellow at Duke University School of Law. Since 2009, he has taught criminal procedure as a senior lecturing fellow at Duke University School of Law. In 2014, Chief Justice John Roberts appointed Judge Dever to serve on the Advisory Committee on Criminal Rules, where Judge Dever served until 2021. Judge Dever also serves as a member of Duke Law School's Board of Visitors.
Judge Dever’s chambers are in Raleigh, North Carolina.
University Professor of Law and Executive Director, Liberty & Law Center, Antonin Scalia Law School, George Mason University
David Bernstein holds a University Professorship chair at the Antonin Scalia Law School, where he has been teaching since 1995. He has also been a visiting professor at the University of Michigan, Georgetown University, William & Mary, Brooklyn Law School, the University of Turin, and Hebrew University. Professor Bernstein teaches Constitutional Law, Evidence, and Products Liability.
A prolific author, Professor Bernstein often challenges the conventional wisdom with prodigious research and sharp, original analysis. He is the author of five books, and coauthor of two more. Professor Bernstein’s book Rehabilitating Lochner was praised across the political spectrum as “intellectual history in its highest form,” a “fresh perspective and a cogent analysis,” “delightful and informative,” “sharp and iconoclastic,” and “a terrific work of historical revisionism.” Columnist George Will praised Bernstein’s most recent book, Classified, The Untold Story of Racial Classification in America, as “perhaps the most consequential American book of 2022.”
Professor Bernstein has also written dozens of articles and essays published in major law reviews, including the California Law Review, Columbia Law Review, Michigan Law Review, and Yale Law Journal. An article he coauthored, Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702, directly inspired a pending amendment to Rule 702.
Professor Bernstein blogs at the Instapundit.com, the Times of Israel, and the Volokh Conspiracy. He is a graduate of the Yale Law School, where he was senior editor of the Yale Law Journal and a John M. Olin Fellow in Law, Economics, and Public Policy.
Senior Counsel, Internet Accountability Project
Will Chamberlain serves as Senior Counsel to the Internet Accountability Project. He is also the owner and editor-in-chief of Human Events.
Prior to relaunching Human Events, Will worked as an attorney at the Competitive Enterprise Institute in Washington, DC, focusing on class action litigation. Before that, he was an associate at Quinn, Emanuel, Urquhart & Sullivan LLP in Los Angeles, where he practiced complex commercial litigation. Will graduated from University of the Pacific in 2010 with a B.A. in Economics, and received his J.D., magna cum laude, from Georgetown University Law Center in 2015. Will is an active member of the State Bar of California and the District of Columbia Bar.
President, Society for the Rule of Law
George T. Conway III has been a partner in the Litigation Department of Wachtell, Lipton, Rosen & Katz since January 1994. He joined the firm in September 1988. His litigation experience has included a variety of high-profile matters spanning many areas of law in federal and state courts throughout the country. He has extensive experience in securities litigation, mergers and acquisitions litigation, contract litigation, antitrust litigation, and other litigation, both at the trial and appellate levels.
In the area of securities litigation, he recently briefed and argued the case for respondents in Morrison v. National Australia Bank, in which the Supreme Court of the United States held that Section 10(b) of the Securities Exchange Act of 1934 does not apply extraterritorially to claims of so-called "foreign-cubed" plaintiffs -- foreign investors who purchased securities of foreign issuers on foreign exchanges. He also recently argued and won a precedent-setting motion to dismiss so-called "foreign-squared" claims against European Aeronautic Defence & Space Co. brought by American plaintiffs who purchased that foreign company's shares on foreign exchanges.
Mr. Conway also recently argued and won an important appeal under the Visual Artists Rights Act of 1990 on behalf of the Swiss installation artist Christoph Büchel in the artist’s highly publicized dispute with the Massachusetts Museum of Contemporary Art. He also successfully represented the Chief Judge of the State of New York and the New York Unified Court System in historic constitutional litigation over the State of New York’s extended failure to adjust judicial salaries. Mr. Conway also played a substantial role in the successful defense of Kenneth Langone’s Invemed Associates in a disciplinary proceeding before the NASD (now FINRA) that resulted in what the New York Times called a "withering," "high-profile defeat" for the regulators.
Mr. Conway’s work in mergers and acquisitions litigation includes the representation of Rohm and Haas Co. and ADVO, Inc., in, respectively, Rohm and Haas v. Dow Chemical Co., and Valassis Communications v. ADVO, two Delaware Chancery Court cases involving claims to enforce merger agreements, as well as two historic cases in the development of Delaware corporate law governing mergers and acquisitions, QVC v. Paramount Communications and Paramount Communications v. Time Inc. and Warner Communications, in addition to many other cases involving contests for corporate control in the Delaware courts and elsewhere over the past two decades.
In addition, Mr. Conway played a substantial role in prosecuting one of the most prominent defamation cases in recent memory (Philip Morris v. American Broadcasting Cos.). He has extensive experience in merger-related private antitrust litigation and government antitrust investigations, including the defense of Cardinal Health in the preliminary injunction proceedings before the United States District Court for the District of Columbia in FTC v. Cardinal Health. He also represented the National Football League in trademark and antitrust litigation against the Dallas Cowboys in NFL Properties v. Dallas Cowboys Football Club. His pro bono work includes his successful representation in the Second Circuit of crime victims and public-interest groups as amici curiae in opposing claims that federal law requires the State of New York to allow felons to vote while still incarcerated.
Mr. Conway is a graduate of Harvard College, where in 1984 he received an A.B. magna cum laude in biochemical sciences. He received his J.D. in 1987 from Yale Law School, where he was an editor of the Yale Law Journal. In 1987 and 1988, he served as a law clerk to Circuit Judge Ralph K. Winter, Jr. of the United States Court of Appeals for the Second Circuit.
Partner, Friedman Kaplan Seiler & Adelman LLP
The Honorable Robert S. Smith (Ret.) is head of the firm’s appellate practice, and focuses on trials and appeals. Judge Smith joined Friedman Kaplan following his retirement as Associate Judge of the New York State Court of Appeals, New York’s highest court, where he served for more than a decade. During his time on the bench, he wrote scores of opinions and became well known for his judicial scholarship, insight, and intellectual rigor.
Prior to his time on the Court of Appeals, Judge Smith practiced law in New York City, and was a partner with Paul, Weiss, Rifkind, Wharton & Garrison for over 25 years. He has argued dozens of appeals before the federal and New York appellate courts, and two appeals before the United States Supreme Court. His trial experience in complex commercial cases is also extensive. He is a Fellow of the American College of Trial Lawyers.
Since joining Friedman Kaplan, Judge Smith has been active primarily in appeals, trial-level commercial litigation, expert witness testimony, and alternative dispute resolution.
Former United States Ambassador to NATO, Former United States Senator, Texas
Kay Bailey Hutchison is a public servant and businesswoman who has served in roles from bank executive to U.S. Senator to most recently, U.S. Ambassador to NATO. She served as U.S. Senator from Texas from 1993 to 2013. In January 2021, she stepped down from a more than 3-year term as U.S. Ambassador to The North Atlantic Treaty Organization (NATO) in Brussels, Belgium where she worked to maintain U.S. leadership in the 30 Ally Alliance.
Kay Bailey Hutchison is a public servant and businesswoman who has served in roles from bank executive to U.S. Senator to most recently, U.S. Ambassador to NATO. She served as U.S. Senator from Texas from 1993 to 2013. In January 2021, she stepped down from a more than 3-year term as U.S. Ambassador to The North Atlantic Treaty Organization (NATO) in Brussels, Belgium where she worked to maintain U.S. leadership in the 30 Ally Alliance.
Kay has authored three books, including the bestselling American Heroines: The Spirited Women Who Shaped Our Country (2004), Leading Ladies: American Trailblazers (2007) and Unflinching Courage: Pioneering Women Who Shaped Texas (2013).
In 2013, the Dallas City Council honored her by naming the city’s convention center the Kay Bailey Hutchison Convention Center. Also in 2013, The Kay Bailey Hutchison Center for Energy, Law and Business (KBH Energy Center) was created by the University of Texas to provide unique opportunities for business and law school students to learn the energy industry. The Center sponsors an annual symposium for leaders in the energy field to discuss current issues in the industry.
Kay serves on the Dallas Mayor’s International Advisory Council, UT Southwestern Medical Foundation Board of Trustees, and the Board of Directors of the Atlantic Council. She is a Senior Adviser at CSIS (Center for Strategic and International Studies) and the NASA Advisory Council, in Washington DC. She also serves on the Bank of America Global Advisory Board.
Judicial Law Clerk, U.S. District Court for the Southern District of Florida
Nitin is a recent graduate of Cornell Law School. Before his time in Ithaca, he majored in International Studies and Political Science at Johns Hopkins University and focused on power competition in South Asia during his graduate studies at the University of Oxford.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Clinical Professor of Law, Cornell Law School
William A. Jacobson is a Clinical Professor of Law and Director of the Securities Law Clinic.
He is a 1981 graduate of Hamilton College and a 1984 graduate of Harvard Law School. At Harvard he was Senior Editor of the Harvard International Law Journal and Director of Litigation for the Harvard Prison Legal Assistance Project.
Prior to joining the Cornell law faculty in 2007, Professor Jacobson had a highly successful civil litigation and arbitration practice in Providence, Rhode Island, concentrating in investment, employment, and business disputes in the securities industry, including many high profile cases reported in leading newspapers and magazines.
Professor Jacobson has argued cases in numerous federal and state courts, including the Courts of Appeal for the First, Fifth and Sixth Circuits, and the Rhode Island Supreme Court.
Professor Jacobson has a national reputation as a leading practitioner in securities arbitration. He was Treasurer, and is a former member of the Executive Committee and Board of Directors of the Public Investors Arbitration Bar Association, a professional organization of attorneys dedicated to protecting public investors. He frequently is quoted in national media on issues related to investment fraud and investor protection, and in the past has served as one of a small number of private practice attorneys who trained new arbitrators for the Financial Industry Regulatory Authority.
Professor Jacobson is co-author of the Securities Arbitration Desk Reference (Thomson-Reuters), updated annually.
Professor Jacobson also is the founder and publisher of Legal Insurrection, a popular politics and law website. He is frequently quoted in the media on political and legal topics, has authored many Op-Eds in major publications, and appears on television and radio to discuss politics and the law.