Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law
Sam Kalen joined the University of Wyoming College of Law faculty in 2009, and he is the William T. Schwartz Distinguished Professor of Law and Associate Dean, as well as the founder and co-director of the School’s Center for Law and Energy Resources in the Rockies. Sam earned his B.A. from Clark University in Worcester, Mass., his J.D. from Washington University School of Law in St. Louis, and he spent a year studying legal history and constitutional thought in a PhD program at the University of Virginia. Before joining UW, Sam taught as a visitor or adjunct at a number of other law schools, he also served in the Solicitor’s Office at the Department of the Interior during the Clinton administration, and he practiced for many years with a Washington, D.C., law firm. Immediately after law school, he clerked at the Missouri Supreme Court.
Sam is passionate about teaching and writing in a variety of areas that impact environmental, public lands and natural resources, energy, and administrative law. He spent years practicing in each of these areas, including working with Indigenous Peoples and Tribal Nations, and attempts to explore these areas in both the classroom and in his scholarship. He is the author and co-author of numerous law review articles, including one that was cited and quoted in a Supreme Court opinion. His most recent law review article appeared in Maryland Law Review, on "Public Land Management’s Future Place: Envisioning a Paradigm Shift" (Vol 82, page 240, 2023). He also is a co-author of the American Bar Association’s Endangered Species Basic Practice Series book (2nd edition), a co-author of Natural Resources Law and Policy (3rd ed. Foundation Press), and a co-author Energy Follies: Missteps, Fiascos, and Successes of America’s Energy Policy (Cambridge U. Press 2018).
Sam alternates teaching a variety of courses, including Environmental Law, Administrative Law, Legislation, Legal History, Public Lands & Natural Resources, Energy Law, Energy & Climate Law & Policy, and Indian Law. He also has taught field courses, including courses exploring energy and natural resource issues in Wyoming, as well as a course on Public Lands and Natural Resources in Grand Teton National Park. Professor Kalen also has worked collaboratively with the University’s Haub School of Environment and Natural Resources.
Partner, Baker Botts LLP
Drawing from two decades of experience in senior government, in-house corporate, and private law firm roles, Jeff Wood helps clients with federal enforcement, compliance, litigation, permitting, and policy challenges primarily in the energy and environmental fields.
Prior to joining Baker Botts, Mr. Wood served for almost two years as the Acting Assistant Attorney General (AAG) for the Justice Department's Environment and Natural Resources Division (ENRD). In that capacity, Mr. Wood led ENRD and its more than 600 attorneys and staff representing EPA, Departments of the Interior, Energy, and Defense, and other agencies in civil and criminal enforcement and defensive environmental, energy, and natural resources litigation.
As the top official in ENRD, Mr. Wood managed a complex organization with an annual budget exceeding $200 million and a docket of more than 6,000 cases and matters. E&E News noted that “Wood maintains a strong relationship with ENRD's career staff” (Greenwire, Oct. 31, 2018). He previously served on the staff of the United States Senate Committee on Environment and Public Works.
At the Justice Department, Mr. Wood oversaw the Division's civil and criminal enforcement programs and was responsible for developing legal strategies and approving briefs in key cases including filings before the Supreme Court and Courts of Appeals in coordination with the Office of Solicitor General. In this role, Mr. Wood held the highest level security clearance and worked closely with top leadership at DOJ, EPA, the Interior Department, USDA, the Energy Department, Transportation Department, FERC, NRC and across the Executive Branch, including the White House.
With many years of both private law firm and in-house legal experience, Mr. Wood has handled complex environmental enforcement, regulatory, policy, and litigation matters for electric utilities, energy companies, maritime companies, mining companies, real estate developers, financial institutions, industrial companies and manufacturers, business coalitions, associations, small businesses, and individual property owners. Drawing from his experiences in-house, Mr. Wood brings a common-sense, cost-effective, client-focused approach to his work every day.
With a strong national reputation, Mr. Wood is a frequent speaker on environmental law and policy matters, with recent speeches and presentations at the Environmental Law Institute, Harvard Law School, Vanderbilt Law School, American University Law School, American Bar Association Environmental Law Conferences, the Texas Environmental SuperConference, Air Force Judge Advocate General School's Advanced Environmental Law Course, Baker Institute's Center for Energy Studies (Rice University), and many other venues. He frequently appears in national news to share insights on significant environmental law and policy issues, including recent quotes in the New York Times, Washington Post, Wall Street Journal, Bloomberg, Law360, and E&E News, among others.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
President and General Counsel, New Civil Liberties Alliance
NCLA’s President and General Counsel, Mark Chenoweth, has observed the administrative state up close and personal from perches in all four branches of the federal government. Mark served as the first chief of staff to Congressman Mike Pompeo, as legal counsel to Commissioner Anne Northup at the U.S. Consumer Product Safety Commission, as an attorney advisor in the Office of Legal Policy at the U.S. Department of Justice, and as a law clerk to the Hon. Danny J. Boggs on the U.S. Court of Appeals for the Sixth Circuit.
Mark has worked in several different roles in the private sector as well. He began his legal career in D.C. as a regulatory associate at Wilmer, Cutler & Pickering. He then returned to his home state of Kansas to serve as in-house counsel for Koch Industries. Most recently he spent over four years as general counsel of the Washington Legal Foundation.
Mark is a graduate of Yale College and the University of Chicago Law School, where he co-founded the Institute for Justice Clinic on Entrepreneurship and became a Tony Patiño Fellow. Mark has been widely quoted and/or published in newspapers and websites including the New York Times, San Francisco Chronicle, New Hampshire Union Leader, and Metropolitan Corporate Counsel. He has also had recurring op-eds in the Los Angeles Daily Journal, and at Forbes.com.
U.S. Representative, Wyoming
Congresswoman Harriet Hageman represents the state of Wyoming in the U.S. House of Representatives. She grew up on a ranch, attended Casper College on a livestock judging scholarship and earned both her bachelor's degree and law degree from the University of Wyoming. A litigator for 34 years, Harriet is nationally known for challenging federal overreach, for protecting water and property rights, for exposing federal land and wildlife mismanagement, and for fighting back against the unconstitutional and unlawful acts of unelected bureaucrats. Harriet has extensive experience engaging in complex trials against federal agencies and has been admitted to practice in several states as well as the United States Supreme Court.
In her freshman term in the 118th Congress, Harriet has been selected to serve on the House Natural Resources committee where she is Chair of the Subcommittee on Indian and Insular Affairs, and also serves on the Subcommittee on Water, Wildlife, and Fisheries. Representative Hageman also serves on the Judiciary Committee and Subcommittees on the Constitution and Limited Government; the Subcommittee on the Administrative State, Regulatory Reform, and Antitrust; and the Select Committee on the Weaponization of the Federal Government. She has shown her support for American energy independence by serving as Co-Chair of the Congressional Coal Caucus.
Legislation sponsored by Representative Hageman has been focused on reining in the regulatory state, ending the weaponization of our federal government and its proxies against American citizens, and ending the de facto moratorium on American energy production.
Former Acting Assistant Secretary, US Department of Education; Partner, Jackson Bone LLP, U.S. Department of Education
Candice Jackson is an attorney who served as Acting Assistant Secretary for Civil Rights and Deputy General Counsel in the US Department of Education from 2017 to 2021 where she was responsible for drafting the first-ever regulations under Title IX addressing campus sexual harassment and assault. Candice has returned to private law practice and currently represents incarcerated women in California prisons in WoLF’s lawsuit to overturn the 2021 law that allows male criminals to choose to be housed in women’s prisons based on “gender identity.” Candice lives with her wife Patricia and their 9-year-old twins Madelyn and Zachary.
Professor of History, Brooklyn College and the CUNY Graduate Center
KC Johnson is professor of history at Brooklyn College and the CUNY Graduate Center, where he has taught since 1999. He has written 13 books on topics in U.S. political history, U.S. foreign policy, and legal and policy debates surrounding campus due process and civil liberties. His Duke lacrosse case blog, Durham-in-Wonderland, was named ABA Journal’s Best Ethics Blog in 2007; and he continues to blog on higher-ed matters at the blog Minding the Campus.
Owner, Schneider Education & Employment Law PLLC
Scott Schneider is the owner and founder of Schneider Education & Employment Law and has advised companies and educational institutions nationwide on a variety of complex legal issues with a focus on particularly sensitive matters like institutional response to sexual misconduct.
Prior to founding Schneider Education & Employment Law, Scott was an equity partner in two major national law firms and served as in-house counsel for Tulane University.
He is a prominent litigator as well as a sought-after advisor on Title IX, labor and employment law issues, and various risk management concerns. He has led numerous investigations of serial sex abuse allegations, allegations of misconduct involving senior leadership and other acts of institutional misconduct. He has also handled various high-profile program reviews of institutional response to sexual misconduct, racial discrimination, athletics department ethics and compliance, and treatment of at-risk employees and students.
Scott has provided training nationally to thousands of personnel on a variety of issues, including Title IX; labor and employment law; faculty hiring, promotion and tenure processes; and Greek Life risk management. Scott also provides expert witness testimony on matters dealing with institutional response to allegations of sexual misconduct.
Scott regularly presents to national organizations, including the National Association of College and University Attorneys (NACUA), the National Association of Independent Schools (NAIS), the Association for Student Conduct Administration (ASCA) Gehring Academy, the International Association of Campus Law Enforcement Administrators (IACLEA), the Association of College and University Housing Officers-International (ACUHO-I), EDUCAUSE and various associations of independent schools.
Additionally, Scott previously served as an award-winning professor at Tulane University, where he taught courses on higher education and labor and employment law and created the Tulane University Law School’s Title IX certification program. Scott has been retained by the National Center for Campus Public Safety to serve as a faculty member for its Trauma-Informed Sexual Assault Investigation and Adjudication training program for campus officials. Scott also serves on the faculty for the State University of New York’s Student Conduct Institute where he provides training on informal resolution and restorative justice.
The Public Lands Rule: Will A New “Conservation and Landscape Health” Paradigm for Federal Lands Survive Judicial Review?
James S. Burling, Sam Kalen, Jeffrey H. Wood, Jonathan Wood
The Bureau of Land Management (BLM) recently adopted comprehensive new land management regulations known as...
The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule?
Ronald A. Cass
Federalist Society Review, Volume 25
Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
FCC Enforcement Bureau Reform
The Supreme Court’s decision in SEC v. Jarkesy will have significant impacts on agency authority in the...
FCC Enforcement Bureau Reform
The Supreme Court’s decision in SEC v. Jarkesy will have significant impacts on agency authority in the...
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“Tough Luck, Get a New Statute”
The Supreme Court’s decision in SEC v. Jarkesy essentially means that administrative agencies cannot directly...
Plenary Session 1: Title IX: Gender Identity and So Much More
Mark Chenoweth, Harriet Hageman, Candice Jackson, KC Johnson, Scott Schneider
The Biden administration contends that the U.S. Department of Education’s final Title IX regulations published...
Topics
Wednesday: The Third Education Law & Policy Conference Hosted by the Federalist Society and the Defense of Freedom Institute: “A New Civil Rights Movement in Education?”
K–12 schools, colleges, and universities have become an intense battleground in political and courtroom conflicts...
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In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard
Loper Bright strikes again! In Restaurant Law Center v. DOL, decided August 23, 2024, the...
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Texas District Court Sets Aside FTC's Ban on Non-Compete Agreements
In Ryan LLC v. FTC, decided on August 20, the U.S. District Court for the...
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“To Bigotry No Sanction, To Persecution No Assistance”: George Washington and Jews in America
Since the barbarous incursion by Hamas on October 7, antisemitic attacks and threats have reached...