Explainer Episode 41 - Government Obstacles to Over The Counter Medicines
Regulatory Transparency Project's Fourth Branch Podcast
The Goldwater Institute’s Christina Sandefur moderates a discussion with the Cato Institute’s director of health...
The Regulatory Transparency Project was a nonprofit, nonpartisan effort dedicated to fostering discussion and a better understanding of regulatory policies.
Michael F. Cannon, Christina Sandefur
Regulatory Transparency Project's Fourth Branch Podcast
The Goldwater Institute’s Christina Sandefur moderates a discussion with the Cato Institute’s director of health...
A Regulatory Transparency Project Fourth Branch Video
Why can’t we get packages or food delivered via drone to our doorstep? The simple...
Tony Francois, Damien Michael Schiff, William Snape, Matthew Z. Leopold
Regulatory Transparency Project's Fourth Branch Podcast
One of the longest-standing environmental law challenges is how to define the scope of waters...
George Fibbe, James W. Coleman, Daniel G. West
Regulatory Transparency Project's Fourth Branch Podcast
Russia’s invasion of Ukraine shocked the world – and directed renewed attention to the global...
Michael Buschbacher, Jennifer Chen, James P. Danly, Marc L. Spitzer, Jim Wedeking
Regulatory Transparency Project
In the last few years, the Federal Energy Regulatory Commission (FERC) has emerged from relative...
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.
Professor of Law, South Texas College of Law Houston
Josh Blackman is a national thought leader on constitutional law and the United States Supreme Court. Josh’s work was quoted during two presidential impeachment trials. He has testified before Congress and advises federal and state lawmakers. Josh regularly appears on TV, including NBC, CBS, ABC, Fox, and the BBC. Josh is also a frequent guest on NPR and other syndicated radio programs. He has published commentaries in the New York Times, Wall Street Journal, Washington Post, and leading national publications.
Since 2012, Josh has served as a professor at the South Texas College of Law Houston. He holds the Centennial Chair of Constitutional Law. Josh is an Adjunct Fellow at the Manhattan Institute. Josh has written more than seven dozen law review articles that have been cited more than a thousand times. Josh was selected as the Jurist of the Year by the Texas Journal of Law & Public Policy, received the inaugural Meese III Originalism Award, and was awarded the Inaugural Joseph Story Award. Josh was selected by Forbes Magazine for the “30 Under 30” in Law and Policy. Josh is the President of the Harlan Institute, and founded FantasySCOTUS, the Internet’s Premier Supreme Court Fantasy League. He blogs at the Volokh Conspiracyand posts@JoshMBlackman.
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.
Vice President and Deputy Counsel, Wisconsin Institute for Law and Liberty
Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law
Michael S. McGinniss is Professor of Law and J. Philip Johnson Faculty Fellow at the University of North Dakota School of Law, where he joined the faculty in 2010 and served as the Dean from 2019 to 2022. He chairs the executive committee for the Federalist Society's Practice Group on Professional Responsibility and Legal Education.
Before entering the legal academy, Professor McGinniss served for twelve years as a Disciplinary Counsel for the Supreme Court of Delaware. He currently teaches courses on Professional Responsibility, Advanced Legal Ethics, Civil Procedure, and Federal Courts. He also serves as Faculty Advisor for the North Dakota Law Review and the UND Law Federalist Society student chapter.
Professor McGinniss’ research and scholarship interests are wide-ranging and include lawyer and judicial ethics, lawyer discipline and regulation of the profession, constitutional law (especially First Amendment, separation of powers, and federalism), and cultural challenges faced by conservatives in the law schools and the legal profession. His most recent law review article, Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct, was published in the Federalist Society Review. His article Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession, was published in the Harvard Journal of Law & Public Policy.
Professor McGinniss has spoken to Federalist Society lawyer and student chapters across the country about judicial independence and ethics, especially relating to the federal courts and the United States Supreme Court Justices. In addition, he has spoken to several chapters about rising challenges to ideological diversity and targeting of conservative viewpoints in law schools and the legal profession. Although he is very pleased to speak on these and many other topics that may be of interest to lawyer and student chapters, in 2026-2027, he has particular interest in speaking on the topic “Lawyer Discipline as Political ‘Resistance’: Separation of Powers, Federalism, and the Rule of Law,” concerning his work-in-progress on the weaponization of professional disciplinary processes against conservative lawyers for political and ideological purposes.
Commissioner, U.S. Equal Employment Opportunity Commission
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Assistant Secretary for Fair Housing and Equal Opportunity, United States Department of Housing and Urban Development
Craig Trainor is Assistant Secretary for Fair Housing and Equal Opportunity at the United States Department of Housing and Urban Development. President Trump nominated Mr. Trainor for this position on February 11, 2025, and the United States Senate confirmed him on October 7, 2025.
A “Day One” Trump-Vance Administration official, he previously served as Acting Assistant Secretary for Civil Rights and Principal Deputy Assistant Secretary for Civil Rights at the United States Department of Education, where he spearheaded the Department’s efforts to reorient America’s civil rights regime from an unjust spoils system to one that protects the rights of all Americans. Mr. Trainor’s February 14, 2025, “Dear Colleague” letter is widely considered the Trump Administration’s blueprint for enforcing civil rights laws and restoring the Constitution’s promise of equal protection.
Prior to serving in the Trump-Vance Administration, he was Senior Special Counsel with the United States House of Representatives Committee on the Judiciary under Chairman Jim Jordan (R-OH), and Senior Litigation Counsel with the America First Policy Institute under the Honorable Pam Bondi.
For over ten years, Mr. Trainor was a criminal defense and civil rights lawyer in New York City, litigating cases in New York state court and the United States District Court for the Southern and Eastern Districts of New York.
Prior to founding his law practice, he served as a New York City prosecutor, an associate attorney at a white collar criminal defense firm, and a law clerk to Chief Judge Frederick J. Scullin, Jr., United States District Court for the Northern District of New York.
Assistant Secretary for Civil Rights, U.S. Department of Agriculture
Devon Westhill is the Assistant Secretary for Civil Rights at the U.S. Department of Agriculture. The U.S. Senate confirmed President Donald Trump’s nomination of Westhill on October 7, 2025.
Westhill returns to the USDA where he previously headed the civil rights office as Deputy Assistant Secretary in President Trump’s first term. His previous government appointments also include service at the U.S. Department of Labor, liaison to the Administrative Conference of the U.S., and liaison to the White House Initiative on Historically Black Colleges and Universities. Prior to returning to government service, Westhill was President and General Counsel of a nonprofit civil rights organization.
Westhill has testified on civil rights matters before Congress, federal agencies, and as an expert witness in federal court. He has spoken hundreds of times at college campuses, conferences, and on radio and TV programs, and he is frequently quoted in print publications, and his writing has appeared in numerous national outlets. A U.S. Navy veteran, Westhill earned his BA from the University of North Carolina at Chapel Hill and his JD from the University of Florida.
Director of Health Policy Studies, Cato Institute
Michael F. Cannon is the Cato Institute’s director of health policy studies. His scholarship spans public health; regulation of clinicians, medical facilities, pharmaceuticals, and medical devices; employer‐sponsored and other private health insurance; Medicare; Medicaid; CHIP; the Veterans Health Administration; medical malpractice litigation; administrative law; international health systems; political philosophy; and more. Cannon is “an influential health‐care wonk” (Washington Post) and “the most famous libertarian health care scholar” (Washington Examiner). Washingtonian magazine named Cannon one of Washington, DC’s “Most Influential People” in 2021, 2022, and 2023.
Cannon has appeared on ABC, Al Jazeera, BBC, CBS, CNN, CNBC, C‑SPAN, Fox News Channel, NPR, and other broadcast media. His articles have appeared in the Wall Street Journal; the New York Times; USA Today; the Washington Post; the Los Angeles Times; SCOTUSBlog; Forum for Health Economics and Policy; JAMA Internal Medicine; Health Matrix: Journal of Law‐Medicine; Harvard Health Policy Review; the Yale Journal of Health Policy, Law, and Ethics; the Journal of Health Politics, Policy and Law; and Quinnipiac Health Law Journal. His latest book is Recovery: A Guide to Reforming the U.S. Health Sector.
Cannon was previously a domestic policy analyst for the U.S. Senate Republican Policy Committee, where he advised the Senate leadership on health, education, labor, welfare, and the Second Amendment. He is a member of the Board of Advisers of Harvard Health Policy Review and the Federalist Society Regulatory Transparency Project’s FDA & Health Working Group.
Cannon holds an MA in economics and a JM in law and economics from George Mason University and a BA in American government from the University of Virginia.
Executive Vice President, Goldwater Institute
Christina Sandefur is the Executive Vice President at the Goldwater Institute. She develops policies and litigates cases advancing healthcare freedom, free enterprise, private property rights, free speech, and taxpayer rights.
Christina is a co-drafter of the Right to Try initiative, now federal law, which protects terminally ill patients' right to try safe investigational treatments that have been prescribed by their physician but are not yet FDA-approved. She has won important victories for property rights in Arizona and works nationally to promote the Institute's Private Property Rights Protection Act, a state-level reform that requires government to pay owners when regulations destroy property rights and reduce property values.
Christina is the co-author of the book Cornerstone of Liberty: Private Property Rights in 21st Century America (2016). She is a frequent guest on national television and radio programs, has provided expert legal testimony to various legislative committees, and is a frequent speaker at conferences. She is the recipient of the 2018 Buckley Award in recognition of her leadership in the freedom movement, and she is an Advisory Board Member of the Network of enlightened Women. Christina serves on the board of the Phoenix Lawyers Chapter of the Federalist Society and is a member of the executive committee for the Federalist Society's Regulatory Transparency Project: FDA & Health.
Christina is a graduate of Michigan State University College of Law and Hillsdale College.
Legal Fellow, Center for Constitutional Studies, Cato Institute
Brent Skorup is a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies.
Before joining Cato, he was a senior research fellow at the Mercatus Center at the George Mason University. His research areas include free speech, technology law, Fourth Amendment protections, regulation, and property law. Skorup has published pieces in economics and law journals and in popular media, including The Wall Street Journal, The New York Times, Bloomberg Law, Reuters, and Wired. He’s appeared as a TV and radio interview guest for news outlets like C‑SPAN, NPR, CBS News, ABC News, and CNBC Asia.
The Pennsylvania Supreme Court, a dissenting opinion at the Illinois Supreme Court, and the ALI's Restatement of the Law of Property have cited his legal research and he has testified as a technology and legal expert in legislative hearings in several states. Skorup has been appointed to several federal and state advisory bodies and he is currently a member of the Texas Advanced Air Mobility Advisory Committee.
Skorup has a BA in economics from Wheaton College and a law degree from the George Mason University School of Law, where he was articles editor for the Civil Rights Law Journal. He was a legal clerk at the FCC’s wireless bureau and Office of General Counsel and at the Energy and Commerce Committee in the U.S. House of Representatives.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Director of the Program on Environmental and Energy Law, Assistant Dean of Adjunct Faculty Affairs, and Fellow in Environmental Law, American University Washington College of Law
William Snape has litigated a number of environmental and related cases in federal court, and argued Center for Biological Diversity v. Interior at the DC Circuit, which rejected the federal government’s plan for oil and gas drilling off the coast of Alaska in part because of climate change concerns. Snape is the author of numerous articles on natural resource issues, including the book Biodiversity and the Law published by Island Press. His public interest work currently focuses upon environmental justice advocacy at the state level, serving as board general counsel to the United States Climate Action Network, and litigating an active federal docket under the Freedom of Information Act (FOIA). In Summer 2020, Snape was named director of WCL’s Program on Environmental and Energy Law (PEEL).
Partner, Hunton Andrews Kurth
Mr. Leopold is a Partner with the law firm of Hunton Andrews Kurth in Washington, DC. He is the former Senate-confirmed general counsel of the U.S. EPA from 2018-2020, and he previously was a litigator at the U.S. Department of Justice, Environment and Natural Resources Division form 2007-2013. As EPA General Counsel, he counseled on the development and defense of EPA’s most significant rulemakings, including the Affordable Clean Energy Rule, the Navigable Waters Protection Rule, and the Safe Affordable Fuel‐Efficient (SAFE) Vehicles Rule, as well as several pesticide actions. He was personally involved in defending EPA in litigation, including the County of Maui v. Hawaii Wildlife Fund in the U.S. Supreme Court. Mr. Leopold’s prior government service also includes working in Florida as general counsel of the Florida Department of Environmental Protection. He now represents clients in regulatory advocacy before federal agencies, litigates federal environmental actions, and defends clients with EPA enforcement issues.
Partner, Baker Botts
George Fibbe represents clients in complex commercial disputes and regulatory matters, focusing on high-stakes matters across the energy sector. Before joining Baker Botts, he served as the Deputy General Counsel for Litigation, Regulation & Enforcement for the U.S. Department of Energy. Mr. Fibbe is a commercial trial attorney who practiced with Yetter Coleman, LLP in Houston for over ten years. He then served as head of litigation for the petroleum division of an international mining corporation. Before joining the Department of Energy, he served as General Counsel for a private solar company.
Professor of Law, University of Minnesota Law School
Professor James W. Coleman is a scholar of energy law. He specializes in North American energy infrastructure, transport, and trade. He is also a nonresident senior fellow at the American Enterprise Institute focused on energy policy.
Professor Coleman has testified before Congress on steps to speed up energy infrastructure permits. He also worked with a team of experts as part of Alberta's Royalty Review to revise the Canadian province's management of its vast oil and gas resources.
Before joining Minnesota, Professor Coleman taught at Southern Methodist University's Dedman School of Law, the University of Calgary’s law and business schools, and Harvard Law School. Earlier, he practiced environmental and appellate law at Sidley Austin in Washington, D.C., and clerked for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Professor Coleman received two degrees from Harvard University—a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in the field). As a result of his undergraduate thesis on butterfly genetics, which required fieldwork in Central Asia, a species of lycaenid butterfly was named after him—Agrodiaetus ripartii colemani.
Managing Director, SCF Partners
Daniel G. West invests in energy services, equipment, and technology companies at SCF Partners in Houston, Texas. He provides equity capital and strategic growth assistance to entrepreneurs and leaders of both start-up ventures and established, growing businesses.
Prior to joining the private sector, Mr. West served as an infantry officer in the United States Marine Corps. As a platoon commander with the 22nd Marine Expeditionary Unit aboard the USS Mesa Verde, he led the Tactical Recovery of Aircraft and Personnel force in support of the NATO aerial campaign over Libya. He then served as executive officer of India Company, 3rd Battalion, 9th Marines as it mentored Afghan forces to assume lead security responsibility and executed counter-narcotics missions in Marjah, Helmand Province, Afghanistan. He also served as a clerk for Judge Laurence H. Silberman on the U.S. Court of Appeals for the D.C. Circuit.
Mr. West holds degrees in law, business administration, and economics from Harvard University, where he served as an editor of the Harvard Law Review and taught undergraduate courses in economics and government. He is a member of the Executive Committee of the International & National Security Law Practice Group of the Federalist Society and a term member of the Council on Foreign Relations.
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.
Senior Manager, Clean Energy, World Resources Institute
Jennifer Chen, Senior Manager at World Resources Institute, helps shape electricity, transmission and governance policies with an eye toward modernizing grid infrastructure, scaling up clean energy and driving cost-effective electrification. She has written and presented on these topics, including testifying before the U.S. Congress and the U.S. Federal Energy Regulatory Commission (FERC).
Previously, Jennifer led federal electricity policy work at the Nicholas Institute, a think tank for environmental policy solutions at Duke University. She was an attorney with the Natural Resources Defense Council, where she spearheaded environmental NGO coalition efforts to advocate for an efficient and flexible power system. She also has experience working with electricity customer and renewable energy groups as an independent consultant and began her energy career at FERC.
Jennifer earned a J.D. from New York University and a Physics Ph.D. from the University of Chicago. She is a member of the California Bar and the District of Columbia Bar and is admitted to the U.S. Court of Appeals for the District of Columbia Circuit. She is a Senior Fellow in electricity policy at R Street, a board member at New Energy Economics, and a member of the U.S. Department of Energy Electricity Advisory Committee.
Deputy Secretary of Energy
James P. Danly was sworn in as Deputy Secretary on June 9, 2025.
Before arriving at the Department, Deputy Secretary Danly was a partner and the Energy Regulatory Group leader at Skadden in Washington, D.C. This followed his service at the Federal Energy Regulatory Commission, first as the Commission’s general counsel then as the commissioner and chairman.
Deputy Secretary Danly was an officer in the United States Army. He served two tours in Iraq, receiving a Bronze Star and a Purple Heart.
A graduate of Yale University, Deputy Secretary Danly earned his J.D. from Vanderbilt University Law School. He clerked for Judge Danny J. Boggs of the Sixth Circuit.
Partner, Steptoe & Johnson
Marc Spitzer served as a former commissioner on the Federal Energy Regulatory Commission (FERC) from July 2006 until December 2011. His practice involves counselling and representing utilities and energy companies before the FERC, at state utility commissions, Congress, federal agencies, and state legislatures. Marc's clients rely on his deep understanding of the energy sector and its policy and regulatory regimes, backed by years in appointed and elected government service. His experience enables him to advise clients through all stages of the energy supply chain from production, transmission, and distribution. Marc’s practice extends to power, gas, and oil proceedings before FERC and he has proven experience in all energy resources.
Counsel, Boyden Gray PLLC
Jim Wedeking is counsel at Boyden Gray PLLC. He has extensive experience with environmental regulations, providing compliance counseling for large industrial and agricultural companies and their related trade associations, drafting comments on proposed environmental rulemakings from a variety of federal agencies, and challenging those rules in court. For over 20 years he has helped companies obtain various permits and other authorizations for constructing major infrastructure projects, including fossil fuel-fired power plants, natural gas pipelines, and offshore wind turbines, as well as defend those permits and authorizations through litigation. Mr. Wedeking frequently writes on federal environmental law topics, including for the Washington Legal Foundation.
He has also counseled clients on several Freedom of Information Act matters, including the protection of confidential business information from disclosure to third parties and how the Supreme Court’s Food Marketing Institute v. Argus Leader Media decision increased protections for company information provided to regulatory agencies.
Before joining the firm, Mr. Wedeking was counsel in Sidley Austin’s Washington, D.C. environmental, health, and safety practice group. There, he represented industrial companies in defending against civil and criminal enforcement actions and toxic tort suits.
Mr. Wedeking received a J.D., cum laude, from the Catholic University of America Columbus School of Law and a B.A. in Criminology and Criminal Justice from the University of Maryland.