Environmental Regulation and Natural Resource Management
Engage Volume 16, Issue 2
Although opinion polling generally indicates that the environment is low on the list of public...
Energy & Environment Practice Group
Engage Volume 16, Issue 2
Although opinion polling generally indicates that the environment is low on the list of public...
Engage Volume 16, Issue 2
Introduction We should focus on human legal accountability for responsible treatment of nonhuman animals rather...
Practice Groups Podcast
In The Conservative Heart: How to Build a Fairer, Happier, and More Prosperous America, American...
Practice Groups Podcast
In her book, The Story: A Reporter's Journey, former New York Times reporter Judith Miller...
Practice Groups Podcast
During the month of July, the Federalist Society will be celebrating Liberty Month. Our campaign...
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.
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Thomas Berry is the director in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor in chief of the Cato Supreme Court Review. Before joining Cato, he was an attorney at Pacific Legal Foundation and clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. His academic work has appeared in NYU Journal of Law and Liberty, Washington and Lee Law Review Online, and Federalist Society Review. His popular writing has appeared in The Wall Street Journal, National Law Journal, Investor’s Business Daily, National Review Online, and The Hill Online. He has testified before the U.S. Senate, and his work has been cited by the U.S. District Court for the District of Columbia.
Berry holds a J.D. from Stanford Law School, where he was a senior editor on the Stanford Law and Policy Review and a Bradley Student Fellow in the Stanford Constitutional Law Center. He graduated with a B.A. in Liberal Arts from St. John’s College, Santa Fe.
Vice President for Legal Strategy, Stand Together
Casey Mattox is Vice President for Legal Strategy at Stand Together and Senior Advisor at
Americans for Prosperity. In these roles he advocates for and creates strategies and
partnerships to ensure a constitutionally limited government that protects the civil liberties of all
Americans. Prior to joining Stand Together and AFP Casey’s legal career focused on defending
the First Amendment rights of students, faculty, healthcare workers and religious organizations.
Casey has a J.D. from Boston College School of Law and an undergraduate degree from the
University of Virginia. You can find him on Twitter at @CaseyMattox_ and on LinkedIn at
@Casey-Mattox-ST.
Charles Evans Hughes Professor of Law, Columbia Law School
THOMAS W. MERRILL is the Charles Evans Hughes Professor of Law at Columbia Law School. He previously taught at Northwestern University School of Law and Yale Law School. He has undergraduate degrees from Grinnell College and Oxford University, where he studied as a Rhodes Scholar, and a law degree from the University of Chicago. He clerked on the D.C. Circuit (for Chief Judge David Bazelon) and the U.S. Supreme Court (for Justice Harry Blackmun). From 1987-1990 he served as Deputy Solicitor General, U.S. Department of Justice. Professor Merrill’s writings related to property include Property: Principles and Policies (Foundation Press Second Edition, 2012) (with Henry E. Smith); Property: The Oxford Introductions to U.S. Law (Oxford U. Press, 2010); Property: Takings (Foundation Press, 2002)(with David Dana); and numerous articles, including “The Economics of Public Use” (Cornell Law Review 1986); “The Landscape of Constitutional Property” (Virginia Law Review 2000); and “The Character of the Governmental Action” (Vermont Law Review 2012). He is a member of the American Academy of Arts and Sciences.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Chief Deputy Solicitor General, Director of the Tenth Amendment Center, Ohio Attorney General's Office
John serves in the Office of the Solicitor General as a Deputy Solicitor General and as the Director of the Tenth Amendment Center. In his role, John monitors federal actions, orders, statutes, and regulations for potential overreach and advises the Solicitor General about potential actions to protect the interests of the State of Ohio. John works in both state and federal courts, including the U.S. Supreme Court, the U.S. Courts of Appeals, and the Ohio Supreme Court.
John previously practiced as a litigator at two large law firms in Columbus. He clerked for Judge Joseph Hood on the U.S. District Court for the Eastern District of Kentucky and Judge Eugene Siler for the U.S. Court of Appeals for the Sixth Circuit.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
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.
Executive Director, Alliance For Consumers; President & CEO, American Juris Link
O.H. Skinner is the President & CEO of American Juris Link, a nonprofit dedicated to accelerating nonprofit litigation to advance freedom, liberty, and the rule of law. O.H. has a long track record in facilitating strategic nonprofit litigation in his role as the Executive Director at Alliance For Consumers as well as from his time serving Arizona Attorney General Mark Brnovich in senior positions, including as Arizona Solicitor General. O.H. is a graduate of the University of Pennsylvania and Harvard Law School. Prior to joining the Arizona Attorney General's Office, O.H. practiced at WilmerHale and Ropes & Gray in Boston, and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit. In 2023, O.H. was a Wasserstein Public Interest Fellow at Harvard Law School, where he counseled students as a Harvard-identified “outstanding public interest attorney.”
Managing Partner, Boyden Gray PLLC
Michael Buschbacher is the managing partner of 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.
Counsel, Sen. Schmitt and the Senate Judiciary Committee
Senior Counsel, Committee on Oversight and Government Reform, U.S. House of Representatives
Daniel Flores is a Senior Counsel on the Republican staff of the Committee on Oversight and Government Reform, U.S. House of Representatives. Prior to his current position, he served in the House as Chief Counsel for the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law. Before coming to the House, he served as an Acting Associate Deputy General Counsel for the U.S. Environmental Protection Agency and in other roles in EPA's Office of General Counsel, as a Senior Trial Attorney for the U.S. Department of Justice, Environment and Natural Resources Division, and as an attorney in private practice in Washington, D.C. He serves as a House liaison to the Administrative Conference of the United States and has served on the Council of the American Bar Association’s Section on Administrative Law & Regulatory Practice.
Blaine T. Phillips Distinguished Professor in Environmental Law, University of Virginia School of Law
Law and economics expert Jason Scott Johnston joined the Virginia Law faculty in 2010 and is the Blaine T. Phillips Distinguished Professor in Environmental Law. He formerly served as the the Nicholas E. Chimicles Research Professor in Business Law and Regulation at Virginia Law, and the Robert G. Fuller, Jr. Professor of Law and director of the Program on Law, Environment and Economy at the University of Pennsylvania Law School.
Johnston’s scholarship has examined subjects ranging from natural resources law to torts and contracts. He has published dozens of articles in law journals, such as the Yale Law Journal, and in peer-reviewed economics journals, such as the Journal of Law, Economics and Organization. He is currently working on a book that critically analyzes the foundations of global warming law and policy, a series of articles on the economics of regulatory science and another series of articles on various aspects of the law and economics of consumer protection. He has served on the Board of Directors of the American Law and Economics Association, on the National Science Foundation’s Law and Social Science grant review panel, and on the Board of the Searle Civil Justice Institute. He won Penn Law’s Robert A. Gorman Award for Teaching Excellence in 2003.
After earning his A.B. from Dartmouth College and both his J.D. and Ph.D. (economics) from the University of Michigan, Johnston clerked for Judge Gilbert S. Merritt on the U.S. Court of Appeals for the Sixth Circuit. He then taught at Vermont Law School and Vanderbilt Law School before joining Penn’s faculty. He has been a visiting professor or held fellowship appointments at Yale Law School, the University of Southern California Gould School of Law, the American Academy in Berlin and the Property and Environment Research Center.
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.
Consumer Protection Bureau Chief, Nebraska Attorney General's Office
Bebe Strnad serves as Consumer Protection Bureau Chief at the Nebraska Attorney General’s Office. She oversees work related to unfair and deceptive trade practices, antitrust, scams, fraud, and data privacy. Bebe previously worked at a private law firm where she focused on intellectual property, complex commercial litigation, and online enforcement. Before law school, Bebe attended art school and worked in marketing. Once a lifelong big-coastal-city-dweller, Bebe is now enjoying heartland living.
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
John W. Wade Professor of Law, Pepperdine University School of Law
Richard L. Cupp, Jr. serves as the John W. Wade Professor of Law at Pepperdine Law School. He loves teaching and working with students. He is widely recognized as a leading scholar and commentator in the fields of torts and products liability law. He has authored more than 20 significant scholarly articles and numerous shorter articles. Professor Cupp is an elected member of the American Law Institute, and he has served as chair of the Association of American Law Schools Section on Torts and Compensation Systems.
In addition to his work in torts and products liability, Professor Cupp writes and speaks extensively about the legal and moral status of animals. He has advised many organizations on these subjects, including the National Academy of Sciences Committee on Science, Technology and Law, the National Academy of Sciences Committee on Neuroscience, the American Veterinary Medical Association, the National Association for Biomedical Research, the Animal Health Institute, and the American Animal Hospital Association.
President, American Enterprise Institute
Arthur C. Brooks is the president of AEI. Until January 1, 2009, he was the Louis A. Bantle Professor of Business and Government Policy at Syracuse University. He is the author of eight books and many articles on topics ranging from the economics of the arts to applied mathematics. His most recent books include The Battle: How the Fight Between Free Enterprise and Big Government Will Shape America's Future (Basic Books, May 2010), Gross National Happiness (Basic Books, 2008), Social Entrepreneurship (Prentice-Hall, 2008), and Who Really Cares (Basic Books, 2006). Before pursuing his work in public policy, Mr. Brooks spent twelve years as a professional French hornist with the City Orchestra of Barcelona and other ensembles.
Adjunct Fellow, Manhattan Institute
Judith Miller is an adjunct fellow at the Manhattan Institute and a City Journal contributing editor. A best-selling author and Pulitzer Prize-winning investigative reporter formerly with the New York Times, she has won numerous awards for her articles and her defense of the First Amendment.
Since 2008, Ms. Miller has been a commentator for Fox News, speaking on terrorism and other national security issues, the Middle East, U.S. foreign policy, and the need to strike a delicate balance between protecting both national security and civil liberties in a post-9/11 world.
Prior to leaving the Times in October, 2005, she spent 85 days in jail to defend a reporter's right to protect confidential sources. That year she received the Society of Professional Journalists' "First Amendment Award" for her defense of an independent press. Since leaving jail, she has been advocating the enactment of a Federal shield law to protect the relationship between reporters and their sources and the public's right to know.
Ms. Miller has written four books and contributed chapters to several others. Her most recent book, "Germs: Biological Weapons and America's Secret War" (Simon & Schuster, 2001), written with two Times colleagues, topped the best seller's list in the wake of 9/11 and the anthrax letter terrorist attacks. Her previous book, "God Has Ninety-Nine Names", (Simon & Schuster, 1996) explores the spread of Islamic extremism in ten Middle Eastern countries, including Israel and Iran. "One, By One, By One" (Simon & Schuster, 1990) is a highly praised account of how people in six nations have distorted the memory of the Holocaust. That same year, she co-authored "Saddam Hussein and the Crisis in the Gulf" (Times Books), which also topped The Times Best Seller list during the 1991 Gulf war. Her new book, “The Story, A Reporter’s Journey,” is being published by Simon & Schuster this spring.
In 2002, Ms. Miller was part of a small team that won a Pulitzer Prize for "explanatory journalism" for her January, 2001 series on Osama bin Laden and Al Qaeda. That same year, she won an Emmy for her work on a Nova/New York Times documentary based on articles for her book, "Germs." She was part of the Times team that won the prestigious DuPont award for a series of programs on terrorism for PBS's "Frontline."
Ms. Miller holds a bachelor's degree from Barnard and a master's from Princeton University's Woodrow Wilson School of Public and International Affairs. She resides in New York City and Sag Harbor with her husband, Jason Epstein, a publisher and writer.
Visiting Scholar, American Enterprise Institute
Dr. Arthur Herman (Ph.D. Johns Hopkins, 1985) is the author of seven books, including the New York Times bestselling How the Scots Invented the Modern World (2001); the Pulitzer Prize Finalist Gandhi and Churchill (2008); To Rule the Waves: How the British Navy Shaped the Modern World (nominated for the UK’s Mountbatten Prize); and the highly acclaimed Freedom’s Forge: How American Business Produced Victory in World War II, which The Economist magazine picked as one of the Best Books of 2012.
His most recent work, The Cave and the Light: Plato Versus Aristotle and the Struggle for the Soul of Western Civilization, was published by Random House in 2013.
Educated at the University of Minnesota and Johns Hopkins University in history and classics, Dr. Herman is a frequent contributor on defense, energy, and technology issues to Commentary magazine, the New York Post, National Review, and the Wall Street Journal. He was also the first non-British citizen to be named to the Scottish Arts Council from 2007 to 2009.
United States Senator, Utah
Elected in 2010 as Utah's 16th Senator, Mike Lee has spent his career defending the basic liberties of Americans and Utahns as a tireless advocate for our founding constitutional principles.
Senator Lee acquired a deep respect for the Constitution early on. His father, Rex Lee, who served as the Solicitor General under President Ronald Reagan, would often discuss varied aspects of judicial and constitutional doctrine around the kitchen table, from Due Process to the uses of Executive Plenary Power. He attended most of his father's arguments before the U.S. Supreme Court, giving him a unique, hands-on experience and understanding of government up close.
Lee graduated from Brigham Young University with a Bachelor of Science in Political Science, and served as BYU's Student Body President in his senior year. He graduated from BYU's Law School in 1997 and went on to serve as law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah, and then with future Supreme Court Justice Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit.
Lee spent several years as an attorney with the law firm Sidley & Austin specializing in appellate and Supreme Court litigation, and then served as an Assistant U.S. Attorney in Salt Lake City arguing cases before the U.S. Court of Appeals for the Tenth Circuit.
Lee served the state of Utah as Governor Jon Huntsman's General Counsel and was later honored to reunite with Justice Alito, now on the Supreme Court, for a one-year clerkship. He returned to private practice in 2007.
Throughout his career, Lee earned a reputation as an outstanding practitioner of the law based on his sound judgment, abilities in the courtroom, and thorough understanding of the Constitution.
Today, Lee fights to preserve America's proud founding document in the United States Senate. He advocates efforts to support constitutionally limited government, fiscal responsibility, individual liberty, and economic prosperity.
Lee is a member of the Judiciary Committee, and serves as Chairman of the Antitrust, Competition Policy and Consumer Rights Subcommittee protecting business competition and personal freedom.
He also oversees issues critical to Utah as the Chairman of the Water and Power Subcommittee of the Energy and Natural Resources Committee. He serves on the Commerce Committee and the Joint Economic Committee, as well.
In the 114th Congress, Lee also began his tenure as Chairman of the Senate Steering Committee, where he works with his Republican colleagues in the Senate to introduce bold and innovative solutions to issues facing the American people.
Lee and his wife Sharon live in Alpine, Utah, with their three children. He is a member of The Church of Jesus Christ of Latter-day Saints and served a two-year mission for the Church in the Texas Rio Grande Valley.