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.
Director, ENRD, Pacific Legal Foundation
Mark Miller is the Director of the Environment and Natural Resources practice group at Pacific Legal Foundation, where he leads the firm’s efforts to protect individuals and small businesses from government overreach in matters involving land and water, and its efforts to encourage America to better harness its abundant natural resources, including energy resources, minerals, timber, and grazing lands. Mark first joined PLF in 2014.
A seasoned appellate specialist, Mark has litigated several high-profile cases for PLF, including Weyerhaeuser v. United States Fish & Wildlife Service, U.S. Army Corps of Engineers v. Hawkes Co., and United States v. Robertson, all of them unanimous Supreme Court of the United States wins for property owners fighting federal overreach via the Clean Water Act and Endangered Species Act.
In 2020, Mark left PLF to serve as General Counsel and later Chief of Staff for then-South-Dakota Governor Kristi Noem. As Noem’s longest-serving chief of staff, he worked behind the scenes to advance limited government, cut red tape, defend individual rights, and promote free-market principles. In 2023, he returned home to PLF.
A frequent commentator and public speaker, Mark regularly appears in print, on radio and TV, and before legislative committees across the country. His commentary and work has been featured in The Wall Street Journal, CBS News, The View, CBN, and Fox News. He is a regular guest each Thursday morning on SiriusXM’s POTUS channel, offering insight on Supreme Court cases and trends.
Mark earned both his undergraduate and law degrees with honors from the University of Florida. He clerked for U.S. District Judge Henry Lee Adams, Jr., and Florida state appellate Judge Emerson R. Thompson, Jr.—two mentors who deepened his commitment to the Bill of Rights, especially the Fourth, Fifth, and Fourteenth Amendments.
Mark serves on the Board of Trustees for the University of Florida College of Law, and he is a member of the boards of directors for both Americans United for Life, the nation’s oldest pro-life non-profit law firm, and Farm of the Child USA, a nonprofit that supports an orphanage and school for children in need in Honduras called La Finca del Niño.
In his 35 years at the Justice Department and in private practice, Mike Carvin was one of the leading appellate and trial lawyers challenging state and federal regulations on constitutional and statutory grounds, with 10 Supreme Court arguments and numerous high-profile victories. In addition to his numerous cases in the United States Supreme Court, he argued in virtually every federal appeals court. His major cases include the recent constitutional challenge to the Affordable Care Act and the decisions invalidating Sarbanes-Oxley's accounting board, preventing the Justice Department from obtaining monetary relief against the tobacco industry under RICO, overturning the federal government's plan to statistically adjust the census, limiting the Justice Department's ability to create "majority-minority" districts, and upholding Proposition 209's ban on racial preferences in California.
Mike was one of the lead lawyers, and argued before the Florida Supreme Court, on behalf of George W. Bush in the 2000 presidential election Florida recount controversy. He also has represented state governments, financial institutions, telecommunications, and energy companies in "takings," First Amendment, civil rights, and statutory challenges to federal government actions.
Partner, Clement & Murphy, PLLC
Erin Murphy is founding partner of Clement & Murphy, PLLC. She is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin has long been ranked by Chambers & Partners rankings as a leading appellate practitioner, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the board of directors of Street Law.
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.
Courthouse Steps: Weyerhaeuser v. United States Fish & Wildlife Service Oral Argument
In 2012, the U.S. Fish and Wildlife Service (Service or agency) designated 1,544 acres of...
Weyerhaeuser Company v. United States Fish and Wildlife Service [SCOTUSbrief]
Jonathan Wood
Short video featuring Jonathan Wood
St. Tammany Parish, Louisiana is home to Lake Pontchartrain, more than 6,000 businesses, and forests...
A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service
Mark Miller
Federalist Society Review, Volume 19
Note from the Editor: This article previews one of the first cases of the Supreme...
California and Lead Paint Public Nuisance Case
Michael A. Carvin, Erin E. Murphy
Painting Over the U.S. Constitution
ConAgra Grocery Products Company, NL Industries, Inc., and The Sherwin-Williams Company filed petitions with the...
Topics
Despite Three Dismissals, Baltimore Files Climate Change Public Nuisance Lawsuit
On July 20, just one day after a federal judge dismissed a similar case brought...
Topics
Liberty Month Revisited: National Standards Are Essential to the Success of U.S. Environmental Law
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
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Liberty Month Revisited: Federalism and the Fracking Revolution
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
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Another Court Rules Against Regulation-by-Litigation in Climate Change Public Nuisance Lawsuits
On July 19, the U.S. District Court for the Southern District of New York dismissed...
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N. District of California: Elected Branches of Government Are the Proper Channels for Addressing Climate Change
In a trenchant Los Angeles Times opinion piece, Chapman University law professor and constitutional law expert Donald Kochan assesses...
Municipality Lawsuit on Climate Change and Public Nuisance: Litigation Update
Donald J. Kochan
Environmental Law & Property Rights Practice Group Teleforum
Should climate change responsibility be assessed in the courts or by the elected policymaking branches? ...