Partner, Covington & Burling LLP
Kevin Poloncarz co-chairs the Environmental and Energy Practice Group, Energy Industry Group and ESG Practice at Covington & Burling LLP.
Kevin is ranked by Chambers USA among the nation’s leading climate change attorneys and California’s leading environmental lawyers, with sources describing him as “a phenomenal” and “tremendous lawyer.”
He represents electric utilities, financial institutions, investors and companies in policy, litigation and transactional matters concerning power and carbon markets, carbon capture, utilization and storage (CCUS), sustainable aviation fuel, green and blue hydrogen and carbon offsets projects.
He also helps clients establish and communicate their ESG commitments and decarbonization objectives to investors, customers and other stakeholders.
Founder, CGCN Law, PLLC
Partner, Covington & Burling LLP
Kevin Poloncarz co-chairs the Environmental and Energy Practice Group, Energy Industry Group and ESG Practice at Covington & Burling LLP.
Kevin is ranked by Chambers USA among the nation’s leading climate change attorneys and California’s leading environmental lawyers, with sources describing him as “a phenomenal” and “tremendous lawyer.”
He represents electric utilities, financial institutions, investors and companies in policy, litigation and transactional matters concerning power and carbon markets, carbon capture, utilization and storage (CCUS), sustainable aviation fuel, green and blue hydrogen and carbon offsets projects.
He also helps clients establish and communicate their ESG commitments and decarbonization objectives to investors, customers and other stakeholders.
Founder, CGCN Law, PLLC
Partner, Gibson Dunn & Crutcher LLP
Theodore J. Boutrous, Jr. is a partner in the Los Angeles office of Gibson Dunn and one of the nation’s leading litigators. He is a member of the American Law Institute and a Fellow of the American Academy of Appellate Lawyers.
As The New York Times has noted, Mr. Boutrous has “a long history of pushing the courts and the public to see the bigger picture on heated issues.” The American Lawyer named Mr. Boutrous the 2019 “Litigator of the Year, Grand Prize Winner” and the Los Angeles and San Francisco Daily Journals in 2021 named him a “Top Lawyer of the Decade.” According to The National Law Journal, which in 2013 named him one of the “100 Most Influential Lawyers in America,” he “is known for his wise, strategic advice to clients in crisis and is a media law star.”
Mr. Boutrous has represented clients in federal and state appellate courts throughout the nation in a wide spectrum of cases, and he is currently serving as Co-Chair of the firm's First Amendment and Free Expression Practice Group. He has argued hundreds of appeals, including before the Supreme Court of the United States, 12 different federal circuit courts of appeals, and 12 different state supreme courts (including 14 arguments in the California Supreme Court), and he has led a multitude of other complex civil, constitutional and criminal matters. Mr. Boutrous has successfully persuaded courts to overturn some of the largest jury verdicts and class actions in history, and prevailed in many cutting-edge cases. In 2011, he successfully represented Walmart before the Supreme Court of the United States in the Dukes case, which unanimously reversed what had been the largest employment class action in history and established important standards governing class actions (Wal-Mart Stores, Inc. v. Dukes). In 2013, he successfully represented the prevailing party in obtaining a unanimous Supreme Court decision enforcing the Class Action Fairness Act (Standard Fire Insurance Co. v. Knowles). Also in 2013, Mr. Boutrous successfully represented plaintiffs in the Supreme Court in a case invalidating California’s prohibition on same-sex marriage, Proposition 8 (Hollingsworth v. Perry), in which he also served as one of the lead trial lawyers and architects of the legal strategy that led to this landmark victory. In 2018, Mr. Boutrous successfully represented CNN and its reporter Jim Acosta in bringing First Amendment and due process claims against then-President Donald Trump and other White House officials, forcing the White House to restore Mr. Acosta’s press credentials. “Litigators of the Week: Gibson Dunn’s Two Teds Score for the Free Press,” The AmLaw Litigation Daily (November 30, 2018). And in 2021, he secured a major victory for Hewlett-Packard Company when the California Court of Appeal affirmed a more than $3 billion verdict in HP’s long-running contract dispute with Oracle Corporation. “Litigators of the Week: Gibson Dunn Protects Its $3B Trial Win for HP Against Oracle on Appeal,” The AmLaw Litigation Daily (June 18, 2021).
As both a crisis management strategist and a seasoned appellate and media lawyer, Mr. Boutrous has extensive experience handling high-profile litigation, media relations and media legal issues. He routinely advises clients in planning how to respond, and in responding, to crises and other especially significant legal problems that attract the media spotlight.
Mr. Boutrous has also received the 2021 Freedom of the Press Award from the Reporters Committee for Freedom of the Press and the Distinguished Leadership Award from PEN America in 2019 for his leadership in advancing First Amendment rights and protecting freedom of expression. As The Hollywood Reporter noted in naming him to its 2022 “Power Lawyers” list, “When issues of free speech are in play, Boutrous is the attorney on speed dial.” Hollywood’s Top 100 Attorneys (March 2022). Mr. Boutrous was also named a “First Amendment Rights Trailblazer” by The National Law Journal in 2020.
Numerous profiles of Mr. Boutrous and his practice have appeared in the media. Prominent mentions include: “Mr. Boutrous, You Have 4 Minutes’: On Rebuttal With Ted Boutrous of Gibson Dunn,” The AmLaw Litigation Daily (August 25, 2022); “Litigator of the Week: How Gibson Dunn Helped Hit Print on Mary Trump’s Best-Seller,” The AmLaw Litigation Daily (July 17, 2020); “Litigation Department of the Year,” The American Lawyer (January 2020); “Litigator of the Week: Gibson Dunn’s Theodore Boutrous Jr. Scores Another Win for the Fourth Estate,”The AmLaw Litigation Daily (September 6, 2019); “Lawyer of the week: Theodore Boutrous Jr, attorney in White House press pass victory,” The Times of London (November 29, 2018); Ted Boutrous, CNN’s Champion, Is Fired Up,” Law.com (November 30, 2018); “Litigator of the Week: From Zero to Hero in Seven Days” The AmLaw Litigation Daily (April 27, 2017); “Litigator of the Week” The AmLaw Litigation Daily (September 8, 2016); “Practice Group Performs In Spotlight and Under Pressure,” Los Angeles and San Francisco Daily Journal (March 14, 2012); “Litigator of the Week,” The AmLaw Litigation Daily (June 23, 2011); “Lawyer of the Week,” The Times of London (June 30, 2011); “Appellate Lawyer of the Week,” National Law Journal (March 23, 2011); “Litigation Department of the Year,” The American Lawyer (January 2016); “Litigation Department of the Year,” The American Lawyer (January 2012); “Litigation Department of the Year,” The American Lawyer (January 2010); and “He’s a Hired Gun of the Highest Caliber,” The Los Angeles Times (June 24, 2007).
In 2025, The Daily Journal recognized Mr. Boutrous with its inaugural Distinguished Counsel award, which honors lawyers “whose consistent excellence and enduring influence in California’s legal community have earned them a place among the Top 100 lawyers for 15 years or more,” and has repeatedly named him to its list of “Top 100 Lawyers” and “Leading Commercial Litigators” in California for over two decades. The Hollywood Reporter, featuring him in Power Lawyers 2021: Hollywood’s Top 100 Attorneys, declared that “Boutrous is there when an industry’s future rides on a big argument.” He has been named a California “Litigation Star” in Benchmark Litigation, as well as a “National Practice Area Star.” Chambers USA ranks him as a leading lawyer in five different categories, describing him as “an absolute star,” with clients praising his skills as “an amazing orator” and his “incredible knack of picking the winning argument and his oral advocacy skills are peerless. He picks the right point in response to every question without even blinking.” The Legal 500 named Mr. Boutrous a “Leading Lawyer” for Supreme Court and Appellate litigation, calling him a “renowned advocate” and “the preeminent authority on punitive damages defenses in the U.S.” Lawdragon recognizes Mr. Boutrous as one of its distinguished "Lawdragon Legends," an honor reserved for those who have appeared in Lawdragon's guide at least ten times since its inception in 2005. Over the years, he has been named to the following Lawdragon lists: 500 Leading Litigators in America, Leading Global Litigators, 500 Leading Lawyers in America, 500 Leading Global Entertainment, Sports & Media Lawyers, 500 Global Leaders in Crisis Management, and 100 Leading AI & Tech Legal Advisors.
Mr. Boutrous is a frequent commentator on legal issues. His articles include: Spare the ‘Dreamers’ a Nightmare by According Them Due Process,” The Wall Street Journal (May 2, 2017); “Poor Children Need a New Brown v. Board of Education,” The Wall Street Journal (August 28, 2016); “A First Amendment Blind Spot,” The Wall Street Journal (May 27, 2014); “California Kids Go to Court to Demand a Good Education,” The Wall Street Journal (January 28, 2014); “A Radical Departure on Press Freedom,” The Wall Street Journal (May 23, 2013); “A Killer’s Notebook, a Reporter’s Rights,” The New York Times (April 9, 2013); and “Broadcast ‘Indecency’ on Trial,” The Wall Street Journal (January 17, 2012).
Mr. Boutrous is a member of the Steering Committee of the Reporters Committee for Freedom of the Press and was a recipient of its 2021 Freedom of the Press Awards. He also sits on the Advisory Board of the International Women’s Media Foundation, which named him its 2015 Leadership Honoree. In addition, he is a member of the Advisory Board of the United States Court of Appeals for the Ninth Circuit, which advises the Chief Judge on matters related to the effective administration of the courts in the Ninth Circuit.
Mr. Boutrous received his law degree, summa cum laude, from the University of San Diego School of Law in 1987, where he was Valedictorian and Editor-in-Chief of the San Diego Law Review.
Mr. Boutrous is admitted to practice in California, New York, and the District of Columbia.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Associate, Winston & Strawn LLP
Spencer draws on his experience as a former trial and appellate clerk to litigate white collar, commercial, administrative law, and constitutional matters at every stage.
Michael J. Woodrum is an Associate at Winston & Strawn LLP.
Director, Climate & Clean Air Program, Natural Resources Defense Council
David Doniger has been at the forefront of the battle against air pollution and global climate change since he joined NRDC in 1978. He helped formulate the Montreal Protocol, an international agreement designed to stop the depletion of the earth's ozone layer, as well as several essential amendments to the Clean Air Act. In 1993, he left NRDC to serve on the White House Council on Environmental Quality, followed by key posts at the U.S. Environmental Protection Agency. He rejoined NRDC in 2001 and has since been working to defend the Clean Air Act from assaults in Congress. He is based in Washington, D.C.
Chief of Staff and Associate Chief Counsel, U.S. Chamber Litigation Center
Stephanie Maloney is chief of staff and associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this capacity, Maloney handles a variety of matters for the Chamber, including environment and energy litigation.
Most recently, Maloney served as Chief of Staff and Counsel in the Environment and Natural Resources Division of the U.S. Department of Justice. In that capacity, she directed litigation strategy, oversaw case briefing, and managed coordination and communication with agency clients in priority cases. And she served as government counsel in cases arising under various environmental and natural resources laws.
Before that, Maloney practiced as an associate in the Appellate and Critical Motions Practice Group at Winston & Strawn LLP. Her work focused on briefing and strategy in complex commercial and appellate litigation at the federal and state level, including merits and amicus curiae briefs to the Supreme Court of the United States.
Maloney served as a law clerk to both the Honorable Edith Brown Clement, of the U.S. Court of Appeals for the Fifth Circuit, and the Honorable Stephen J. Murphy, III, of the U.S. District Court for the Eastern District of Michigan. She graduated cum laude from Notre Dame Law School, where she served as Symposium Editor of the Notre Dame Law Review, and summa cum laude from Loyola University Maryland, where she received a B.A. in Political Science. Maloney also holds a master’s degree in theology from Emory University.
United States District Judge, United States District Court for the Middle District of Florida
In November 2020, the Senate confirmed Kathryn Kimball Mizelle as a United States District Judge for the Middle District of Florida. At age 33, she became the youngest Article III judge in the country. Prior to her confirmation, Judge Mizelle was in private practice at Jones Day, where she focused on complex civil and criminal litigation and appeals. Judge Mizelle previously served at the United States Department of Justice in the Office of the Associate Attorney General, in the Southern Criminal Enforcement Section of the Tax Division, and in the United States Attorney’s Office for the Eastern District of Virginia. Judge Mizelle has also taught as an adjunct professor of law at the University of Florida Levin College of Law and at George Mason University’s Antonin Scalia Law School.
Judge Mizelle earned her B.A., summa cum laude, from Covenant College, and her J.D., summa cum laude, from the University of Florida Levin College of Law. After graduation, Judge Mizelle served as a law clerk at every level of the federal judiciary: at the Supreme Court for Justice Clarence Thomas, at the D.C. Circuit for Judge Gregory G. Katsas, at the Eleventh Circuit for Chief Judge William H. Pryor Jr., and at the Middle District of Florida for Judge James S. Moody Jr.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
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, Climate & Clean Air Program, Natural Resources Defense Council
David Doniger has been at the forefront of the battle against air pollution and global climate change since he joined NRDC in 1978. He helped formulate the Montreal Protocol, an international agreement designed to stop the depletion of the earth's ozone layer, as well as several essential amendments to the Clean Air Act. In 1993, he left NRDC to serve on the White House Council on Environmental Quality, followed by key posts at the U.S. Environmental Protection Agency. He rejoined NRDC in 2001 and has since been working to defend the Clean Air Act from assaults in Congress. He is based in Washington, D.C.
Chief of Staff and Associate Chief Counsel, U.S. Chamber Litigation Center
Stephanie Maloney is chief of staff and associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this capacity, Maloney handles a variety of matters for the Chamber, including environment and energy litigation.
Most recently, Maloney served as Chief of Staff and Counsel in the Environment and Natural Resources Division of the U.S. Department of Justice. In that capacity, she directed litigation strategy, oversaw case briefing, and managed coordination and communication with agency clients in priority cases. And she served as government counsel in cases arising under various environmental and natural resources laws.
Before that, Maloney practiced as an associate in the Appellate and Critical Motions Practice Group at Winston & Strawn LLP. Her work focused on briefing and strategy in complex commercial and appellate litigation at the federal and state level, including merits and amicus curiae briefs to the Supreme Court of the United States.
Maloney served as a law clerk to both the Honorable Edith Brown Clement, of the U.S. Court of Appeals for the Fifth Circuit, and the Honorable Stephen J. Murphy, III, of the U.S. District Court for the Eastern District of Michigan. She graduated cum laude from Notre Dame Law School, where she served as Symposium Editor of the Notre Dame Law Review, and summa cum laude from Loyola University Maryland, where she received a B.A. in Political Science. Maloney also holds a master’s degree in theology from Emory University.
United States District Judge, United States District Court for the Middle District of Florida
In November 2020, the Senate confirmed Kathryn Kimball Mizelle as a United States District Judge for the Middle District of Florida. At age 33, she became the youngest Article III judge in the country. Prior to her confirmation, Judge Mizelle was in private practice at Jones Day, where she focused on complex civil and criminal litigation and appeals. Judge Mizelle previously served at the United States Department of Justice in the Office of the Associate Attorney General, in the Southern Criminal Enforcement Section of the Tax Division, and in the United States Attorney’s Office for the Eastern District of Virginia. Judge Mizelle has also taught as an adjunct professor of law at the University of Florida Levin College of Law and at George Mason University’s Antonin Scalia Law School.
Judge Mizelle earned her B.A., summa cum laude, from Covenant College, and her J.D., summa cum laude, from the University of Florida Levin College of Law. After graduation, Judge Mizelle served as a law clerk at every level of the federal judiciary: at the Supreme Court for Justice Clarence Thomas, at the D.C. Circuit for Judge Gregory G. Katsas, at the Eleventh Circuit for Chief Judge William H. Pryor Jr., and at the Middle District of Florida for Judge James S. Moody Jr.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
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 Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Government Affairs Director, American Conservation Coalition
Morgan Brummund is the Government Affairs Director for ACC. In this role, she leads ACC’s efforts to advance common-sense environmental and climate solutions on Capitol Hill. Morgan joined ACC from the energy policy world and has spent most of her professional career supporting the U.S. Department of Energy. Morgan was also selected for the 2022-2023 cohort of the Women Leaders in Energy and Climate Fellowship through the Atlantic Council.
Before joining DOE, Morgan worked as an energy policy analyst at the Idaho Governor’s Office of Energy and Mineral Resources. Morgan graduated summa cum laude from Boise State University, where her studies and co-curricular activities focused on the environment, the energy transition, and public policy. While at Boise State, she was selected as the Inaugural Cecil D. Andrus Center Scholar and given the opportunity to support the Idaho Bureau of Land Management’s public lands and NEPA portfolio.
Professor of Law, Georgetown Law
William W. Buzbee is a professor of law at Georgetown University Law Center. In his teaching and scholarship, he specializes in environmental law, legislation and regulation, and administrative law. Recent publications focus on climate regulation, deregulation and law governing agency policy change, and federalism. He also offers seminars on advanced environmental, regulatory, and constitutional law subjects, with his most recent seminar focused on “The Art of Regulatory War.”
Professor Buzbee’s books include the recently published Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War that Transformed New York City (Cornell University Press 2014) and Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question(Cambridge University Press, hardcover 2009, paperback 2011) (William W. Buzbee editor and contributor). He has been a co-author of the 5th , 6th, 7th and forthcoming 8th editions of Environmental Protection: Law and Policy (Aspen/Wolters Kluwer). Law review scholarship includes publications in New York University Law Review, University of Pennsylvania Law Review, Michigan Law Review, Stanford Law Review (co-authored), Cornell Law Review (co-authored), Duke Law Journal (forthcoming), George Washington Law Review, Iowa Law Review, The Journal of Law and Politics and in an array of other journals, books, news outlets, and blogs. Three of his articles have been named among the 10 best environmental or land use law articles of that year and republished in the Land Use and Environment Law Review. He regularly assists with appellate and Supreme Court environmental, federalism, and regulatory litigation, and also has testified before congressional committees on environmental and regulatory matters. He has published op-eds on regulatory and environmental issues with The New York Times, The Hill, CNN, and been quoted and interviewed by numerous press and media outlets.
Professor Buzbee joined Georgetown from Emory Law School, where he was a professor of law and directed its Environmental and Natural Resources Law Program. He also co-directed Emory’s Center on Federalism and Intersystemic Governance. He has been a visiting professor of law at Columbia, Cornell and Illinois law schools. He has also served as a professor for the Leiden-Amsterdam-Columbia Law School Summer Program in American Law. Professor Buzbee is a founding Member Scholar of the Center for Progressive Reform, a Washington D.C.-based regulatory think tank. Professor Buzbee was awarded the 2007-2008 Emory Williams Teaching Award for excellence in teaching. Professor Buzbee clerked for United States Judge Jose A. Cabranes, and before becoming a professor was an attorney-fellow at the Natural Resources Defense Council, and did environmental, land use and litigation work for the New York City law firm, Patterson, Belknap, Webb & Tyler. JD, Columbia Law School, 1986; BA, Amherst College, magna cum laude, 1983.
Legal Scrutiny Ahead: Assessing the Implications of EPA's Final Power Plant Rule
Kevin Poloncarz, Justin Schwab
On April 25th, the Environmental Protection Agency announced a suite of final rules meant to...
Legal Scrutiny Ahead: Assessing the Implications of EPA's Final Power Plant Rule
Kevin Poloncarz, Justin Schwab
On April 25th, the Environmental Protection Agency announced a suite of final rules meant to...
Litigation Update: Climate Lawsuits and Status at the U.S. Supreme Court
Theodore J. Boutrous
Since 2017, more than thirty states, counties, and municipalities have filed lawsuits against energy producers...
Pushing Pause on Liquified Natural Gas Exports: Can the Department of Energy Halt LNG Exports to Save the Planet?
Jonathan Brightbill, Spencer Churchill, Michael Woodrum
Federalist Society Review, Volume 25
The Biden-Harris Administration recently interrupted the normal, export-friendly operation of the Natural Gas Act, triggering...
Topics
What Is the Public Interest in Environmental Law?
The Federalist Society’s 2023 National Lawyers Convention featured a panel organized by the Environmental Law...
Defend the Constitution, Save the Planet: The Role of Public Interest Groups in Shaping Environmental Law
David D. Doniger, Stephanie Ann Maloney, Kathryn Kimball Mizelle, Robert V. Percival, Damien Michael Schiff
2023 National Lawyers Convention
The United States adopted its modern environmental statutes in the 1970s. Among other innovations, Congress...
Defend the Constitution, Save the Planet: The Role of Public Interest Groups in Shaping Environmental Law
David D. Doniger, Stephanie Ann Maloney, Kathryn Kimball Mizelle, Robert V. Percival, Damien Michael Schiff
2023 National Lawyers Convention
The United States adopted its modern environmental statutes in the 1970s. Among other innovations, Congress...
Topics
Eighth Circuit “Beets” Back EPA Effort on Pesticides: What are the Implications for Administrative Law?
On November 2, a three-judge panel of the Eighth Circuit issued a unanimous opinion in...
Topics
Environmental Law Visits Bedford Falls at the National Lawyers Convention
It’s almost that time of year when TV channel-flippers (like me) invariably stumble across “It’s...
[Film Screening & Discussion] Sackett v. EPA: A Tale of Wetland Regulations
Daren Bakst, Morgan Brummund, William W. Buzbee
A Regulatory Transparency Project Event
Join the Federalist Society and the American Conservation Coalition for a film screening and discussion...