Partner, Earth & Water Law
Susan Bodine is a partner at Earth & Water Law.
Susan Bodine is a former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA). Prior to this position, Susan served as Chief Counsel for the Senate Committee on Environment and Public Works and previously worked for the House Committee on Transportation and Infrastructure.
This is Susan’s second position at EPA, having served as Assistant Administrator for the Office of Solid Waste and Emergency Response (now the Office of Land and Emergency Management) from 2006 to 2009.
Susan has also practiced environmental law at Covington and Burling LLP and at Barnes and Thornburg LLP.
Susan is a graduate of Princeton University and the University of Pennsylvania School of Law.
President, Environmental Law Institute
In September 2015, Scott Fulton was selected as ELI’s fifth President. Previously, Mr. Fulton was a Principal at the environmental law firm Beveridge & Diamond, P.C., and served as General Counsel of the U.S. Environmental Protection Agency (EPA) and in a number of other high-ranking government leadership positions.
Scott has a steadfast commitment to ensuring that ELI’s core functions as a convener, educator, publisher of legal scholarship and policy dialogue, and research engine remain a sound foundation on which to build for the future. He also is focused on making sure that ELI is adapting and modernizing in alignment with a rapidly changing world. Under his leadership, ELI has:
Mr. Fulton’s Past Record of Service
In addition to his role as EPA’s General Counsel, Mr. Fulton served in a number of other key leadership roles in both Republican and Democratic Administrations, including as Acting EPA Deputy Administrator, head of EPA’s Office of International Affairs, Judge on the Environmental Appeals Board, and head of the Agency’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division. An international expert on environmental governance and rule of law, he serves as a member of the United Nations Advisory Council on Environmental Justice and teaches International Environmental Governance as an adjunct professor at George Washington School of Law. He received the two highest awards given by the U.S. government for outstanding leadership—the Presidential Meritorious Executive Service Award, and the Presidential Distinguished Executive Service Award—and has been inducted into the American College of Environmental Lawyers.
Highlights of Mr. Fulton’s EPA career include:
Managing Co-Founder, Water Finance Exchange
Hank has served in many areas of environmental business and policy. His career in the environmental policy world has included leadership positions at the U.S. Environmental Protection Agency as COO (Deputy Administrator) from 1989-1993. During his time with the EPA he oversaw the development of innovative air and water programs to prevent pollution, including the development of the Energy Star program and implementation of market based trading programs under the 1990 Clean Air Act amendments. He has also served at the U.S. Department of Justice as Assistant Attorney General in charge of the Environment and Natural Resources Division from 1983-87.
In business and investing, Hank has served as Senior Vice President in charge of acquisitions and other divisions of Safety-Kleen, a billion-dollar environmental service company. He has also served as Managing Partner of SAIL Capital Partners and Vice President of William D. Ruckelshaus Associates, which co-managed the successful Environmental Venture Fund. As Co-Founder of Capital E, LLC, a strategic consultancy, he advised Fortune 100 and early stage ventures on sustainable growth strategies. He also previously served as CEO of the Global Environment & Technology Foundation (GETF).
Hank has held numerous Board seats over the years. These positions include serving as Managing Director of the US Water Partnership, Chairman of the Board of WaterHealth International, Co-Founder of the American Council on Renewable Energy and Member of the Board of the Global Water Challenge. He served as Commissioner of the National Commission on Energy Policy, has advised several Cabinet Secretaries and serves on the Advisory Board to the National Renewable Energy Lab and the Pacific Northwest National Lab. In 1991 the EPA awarded him with the Total Quality Leadership Award and in 2009 he received the national Richard Mellon Award for Environmental Stewardship. Hank holds a Bachelors degree with High Honors from Princeton University (Woodrow Wilson School) and a J.D. from the University of Virginia.
Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center
Lisa Heinzerling is the Justice William J. Brennan, Jr. Professor of Law at Georgetown University. Her primary specialties are administrative law and environmental law. She is the author of several books, including Priceless: On Knowing the Price of Everything and the Value of Nothing, a critique of the use of cost-benefit analysis in environmental policy. Professor Heinzerling has received the Georgetown University President's Award for Distinguished Scholar-Teachers, the faculty teaching award at Georgetown Law, and several awards related to her scholarship and advocacy in environmental law. She was the lead author of the winning briefs in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act gives EPA the authority to regulate greenhouse gases. From January 2009 to July 2009, Heinzerling served as Senior Climate Policy Counsel to the Administrator of the Environmental Protection Agency and then, from July 2009 to December 2010, she served as Associate Administrator of EPA’s Office of Policy. She was a law clerk to Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and Justice William J. Brennan, Jr. of the U.S. Supreme Court.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Partner, Earth & Water Law
Susan Bodine is a partner at Earth & Water Law.
Susan Bodine is a former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA). Prior to this position, Susan served as Chief Counsel for the Senate Committee on Environment and Public Works and previously worked for the House Committee on Transportation and Infrastructure.
This is Susan’s second position at EPA, having served as Assistant Administrator for the Office of Solid Waste and Emergency Response (now the Office of Land and Emergency Management) from 2006 to 2009.
Susan has also practiced environmental law at Covington and Burling LLP and at Barnes and Thornburg LLP.
Susan is a graduate of Princeton University and the University of Pennsylvania School of Law.
President, Environmental Law Institute
In September 2015, Scott Fulton was selected as ELI’s fifth President. Previously, Mr. Fulton was a Principal at the environmental law firm Beveridge & Diamond, P.C., and served as General Counsel of the U.S. Environmental Protection Agency (EPA) and in a number of other high-ranking government leadership positions.
Scott has a steadfast commitment to ensuring that ELI’s core functions as a convener, educator, publisher of legal scholarship and policy dialogue, and research engine remain a sound foundation on which to build for the future. He also is focused on making sure that ELI is adapting and modernizing in alignment with a rapidly changing world. Under his leadership, ELI has:
Mr. Fulton’s Past Record of Service
In addition to his role as EPA’s General Counsel, Mr. Fulton served in a number of other key leadership roles in both Republican and Democratic Administrations, including as Acting EPA Deputy Administrator, head of EPA’s Office of International Affairs, Judge on the Environmental Appeals Board, and head of the Agency’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division. An international expert on environmental governance and rule of law, he serves as a member of the United Nations Advisory Council on Environmental Justice and teaches International Environmental Governance as an adjunct professor at George Washington School of Law. He received the two highest awards given by the U.S. government for outstanding leadership—the Presidential Meritorious Executive Service Award, and the Presidential Distinguished Executive Service Award—and has been inducted into the American College of Environmental Lawyers.
Highlights of Mr. Fulton’s EPA career include:
Managing Co-Founder, Water Finance Exchange
Hank has served in many areas of environmental business and policy. His career in the environmental policy world has included leadership positions at the U.S. Environmental Protection Agency as COO (Deputy Administrator) from 1989-1993. During his time with the EPA he oversaw the development of innovative air and water programs to prevent pollution, including the development of the Energy Star program and implementation of market based trading programs under the 1990 Clean Air Act amendments. He has also served at the U.S. Department of Justice as Assistant Attorney General in charge of the Environment and Natural Resources Division from 1983-87.
In business and investing, Hank has served as Senior Vice President in charge of acquisitions and other divisions of Safety-Kleen, a billion-dollar environmental service company. He has also served as Managing Partner of SAIL Capital Partners and Vice President of William D. Ruckelshaus Associates, which co-managed the successful Environmental Venture Fund. As Co-Founder of Capital E, LLC, a strategic consultancy, he advised Fortune 100 and early stage ventures on sustainable growth strategies. He also previously served as CEO of the Global Environment & Technology Foundation (GETF).
Hank has held numerous Board seats over the years. These positions include serving as Managing Director of the US Water Partnership, Chairman of the Board of WaterHealth International, Co-Founder of the American Council on Renewable Energy and Member of the Board of the Global Water Challenge. He served as Commissioner of the National Commission on Energy Policy, has advised several Cabinet Secretaries and serves on the Advisory Board to the National Renewable Energy Lab and the Pacific Northwest National Lab. In 1991 the EPA awarded him with the Total Quality Leadership Award and in 2009 he received the national Richard Mellon Award for Environmental Stewardship. Hank holds a Bachelors degree with High Honors from Princeton University (Woodrow Wilson School) and a J.D. from the University of Virginia.
Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center
Lisa Heinzerling is the Justice William J. Brennan, Jr. Professor of Law at Georgetown University. Her primary specialties are administrative law and environmental law. She is the author of several books, including Priceless: On Knowing the Price of Everything and the Value of Nothing, a critique of the use of cost-benefit analysis in environmental policy. Professor Heinzerling has received the Georgetown University President's Award for Distinguished Scholar-Teachers, the faculty teaching award at Georgetown Law, and several awards related to her scholarship and advocacy in environmental law. She was the lead author of the winning briefs in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act gives EPA the authority to regulate greenhouse gases. From January 2009 to July 2009, Heinzerling served as Senior Climate Policy Counsel to the Administrator of the Environmental Protection Agency and then, from July 2009 to December 2010, she served as Associate Administrator of EPA’s Office of Policy. She was a law clerk to Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and Justice William J. Brennan, Jr. of the U.S. Supreme Court.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
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.
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.
Vice President of Policy and Advocacy, Citizens For Responsible Energy Solutions
Charles Hernick is the Vice President of Policy and Advocacy at Citizens for Responsible Energy Solutions (CRES) in Washington DC. Charles leads CRES Forum’s policy work and executes strategies to advance clean energy solutions and innovative approaches to reducing carbon emissions.
Charles is an energy expert who understands emerging clean technologies, market barriers, and policies and regulations. For over a decade he has worked at the crossroads of economic development, energy, and natural resource management across the U.S. and on the ground in over a dozen countries in Africa, Latin America, and the Caribbean. Before joining CRES, he advised executive-level decision-makers at the U.S. Environmental Protection Agency and U.S. Agency for International Development on energy and environmental issues, and identified project-level opportunities for clean energy expansion.
He is also a climate change expert who has integrated climate change considerations into U.S. government programs and policies and has authored climate mitigation and adaptation best practice guidelines for over a dozen development sectors.
Charles was the Republican candidate for U.S. House of Representatives in Virginia’s 8th Congressional District in the November 2016 election. He routinely advises candidates seeking public office on energy and economic growth.
He is a frequent guest on radio shows and webcasts, in university classrooms, and at international workshops to discuss clean energy and associated economic, national security, and environmental issues. He conducts interviews in English or Spanish.
Charles as an M.A. in International Relations and Environmental Policy from Boston University and a B.S. in Ecology, Evolution, and Behavior from the University of Minnesota.
Holland & Hart, Partner
On February 28, 2019, the U.S. Senate confirmed Andrew Wheeler as the fifteenth Administrator of the Environmental Protection Agency. President Donald J. Trump had announced his appointment as the Acting EPA Administrator on July 5, 2018. Mr. Wheeler had previously been confirmed by the U.S. Senate as the EPA Deputy Administrator on April 12, 2018.
Mr. Wheeler has dedicated his career to advancing sound environmental policies. He began his career during the George H. W. Bush Administration as a Special Assistant in EPA’s Pollution Prevention and Toxics office.
He was a Principal and the team leader of the Energy and Environment Practice Group at FaegreBD Consulting, as well as Counsel at Faegre Baker Daniels law firm, where he practiced since 2009. He also served as the Co-chair of the Energy and Natural Resources Industry team across the entire firm.
Prior to his work with the firm, Mr. Wheeler served for six years as the Majority Staff Director and Chief Counsel, as well as the Minority Staff Director, of the Senate Committee on Environment and Public Works. Before his time at the full Senate EPW Committee, Mr. Wheeler served in a similar capacity for six years for the Subcommittee on Clean Air, Climate Change, Wetlands and Nuclear Safety.
Mr. Wheeler is the past Chairman of the National Energy Resource Organization (NERO) and a Stennis Fellow. Mr. Wheeler is also an Eagle Scout.
Mr. Wheeler is from Fairfield, Ohio. He completed his law degree at Washington University in St. Louis, his MBA at George Mason University, and his undergraduate work at Case Western Reserve University in English and Biology.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
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.
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.
Partner, Bracewell LLP
Jeffrey Holmstead, former assistant administrator of the United States Environmental Protection Agency for Air and Radiation, is one of the nation’s leading climate change lawyers as recognized by Chambers USA (2008-2016) and heads the environmental strategies group (ESG) at Bracewell. The ESG is a multi-disciplinary group that includes environmental and energy attorneys, public policy advocates and strategic communications experts – most of whom have had high-level government experience. Under Jeffrey’s leadership, they work together on a daily basis to advise and defend companies and business groups confronting major environmental and energy-development challenges, both domestically and globally.
From his time in both the government and the private sector, Jeffrey is very familiar with the environmental and energy challenges facing the business community. He advises clients dealing with an increasingly complex regulatory, legal and public relations landscape, drawing on his experience in policy development, administrative and legislative advocacy, litigation and strategic communications. He has worked with clients in a number of industries on issues related to climate change, Clean Air Act policy and enforcement, and energy policy — including the development of new coal-fired power plants, refineries, renewable energy sources, and electric transmission infrastructure.
Jeffrey headed the EPA’s Office of Air and Radiation from 2001 to 2005, longer than anyone in EPA history. During his tenure, he was the architect of several of the agency’s most important initiatives, including the Clean Air Interstate Rule, the Clean Air Diesel Rule, the Mercury Rule for power plants and the reform of the New Source Review program. He also oversaw the development of the Bush Administration’s Clear Skies Legislation and key parts of its Global Climate Change Initiative. Between 1989 and 1993, Jeffrey served on the White House Staff as Associate Counsel to former President George H.W. Bush. In that capacity, he was involved in the passage of the Clean Air Act Amendments of 1990 and the key steps taken to implement those amendments. From 1987 to 1988, he served as a law clerk to Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia.
He received his B.A. from Brigham Young University, summa cum laude, and his J.D. from Yale Law School.
Founder, CGCN Law, PLLC
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Vice President, Legal, Backflip
Michael Toth is Vice President, Legal at Backflip. Michael is a seasoned tech General Counsel with over 15 years of corporate counsel and litigation experience. He is skilled at leading legal and policy teams to executive on high-impact initiatives that deliver tech solutions in dynamic markets. Michael's work has been featured in Bloomberg, Wall Street Journal, the New York Times, Politico, Newsweek, Law 360, and other publications.
Michael has built out full-service legal and regulatory compliance departments, covering contracting, licensing, data privacy and security, employment, and corporate governance. He has represented companies in numerous capital markets transactions and litigated complex commercial cases in private practice. Michael has public-service experience serving a lawyer in the Marine Corps and a senior counsel at the Texas Office of Attorney General. At the Texas AG's office, Michael led the multistate investigation into Google. Michael's work brought together the 49-state coalition that launched a probe in Google's ad tech practices in 2019. Also during his tenure at the Texas AG's office, Michael worked on the opioid multistate and on human trafficking initiatives. In 2018, Michael was appointed to the Austin-based Third Court of Appeals, where he published several opinions on a range of state law issues.
After graduating law school, Michael served on active duty as a lawyer in the United States Marine Corps. A fluent Spanish speaker, Michael completed three overseas legal engagements in South America. Following active duty, Michael was a law clerk for the Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit and for the Honorable Ursula Ungaro of the United States District Court for the Southern District of Florida.
Michael graduated from Stanford University with an honors degree in history and received his law degree and a Masters in history from the University of Virginia. He has published numerous articles on legal topics as well as a book on the early United States Chief Justice Oliver Ellsworth. He lives outside of Austin, Texas, with his wife and three children.
Of Counsel, Spencer Fane LLP
Anthony J. “A.J.” Ferate has built a multi-faceted background in the areas of the law, policy, energy, campaigns and elections, and defense over the last 20 years.
Through recent representation as Vice President of Regulatory Affairs for the Oklahoma Independent Petroleum Association (“OIPA”), A.J. held responsibilities over government efforts outside of the legislative branch on matters as broad as water, electric generation, commodity marketing, land matters, and seismicity. A.J. also maintained responsibility for legal matters at OIPA, including amicus briefing in appellate matters. A.J.’s extensive experience also includes management of public policy strategy for a Fortune 500 company.
For the past eleven years, A.J. has volunteered as General Counsel and spokesman for the Oklahoma Republican Party and has represented a number of elected officials, including U.S. Senator James Lankford, former statewide elected officials, a number of state legislators, and members of Congress.
Additionally, A.J. has assisted elected officials serve their constituents in all branches of government. Early in his career, A.J. held legislative aide duties in the Nebraska Legislature, then went on to work for former Nebraska Treasurer David Heineman. A.J. gained experience in the judiciary while serving Judge Gary L. Lumpkin at the Oklahoma Court of Criminal Appeals, the highest criminal appellate court in Oklahoma. Following this service, A.J. began work with Denise A. Bode of the Oklahoma Corporation Commission, assisting her in her duties regulating 70 percent of Oklahoma’s economy, including oil and gas and electric utilities.
A.J. honorably served ten years as an intelligence analyst for the United States Naval Reserve, including time at the Office of Naval Intelligence in the greater Washington DC area.
Opinion pieces authored or ghostwritten by A.J. have been published in the Seattle Times, Politico, Law360, The Oklahoman, Tulsa World and The Journal Record. A.J. has also been interviewed by national and international newspapers, and has also appeared on national radio programs including NPR’s The Diane Rehm Show and On Point with Tom Ashbrook.
W. DeVier Pierson Professor of Law, University of Oklahoma College of Law
In 2001 Taiawagi Helton joined the faculty of the University of Oklahoma College of Law, where he teaches environmental law, property law, and Indian law. His research emphasizes environmental and natural resources issues relating to Native Americans, as well as nation building in Indian country.
Helton began his legal career as a clerk for the Honorable Robert H. Henry, U.S. Court of Appeals for the Tenth Circuit. He has served as a Special Justice for the Cheyenne and Arapaho Tribes Supreme Court (2004-2008) and as a member of the Board of Directors of Oklahoma Indian Legal Services. In 2012, Helton received the O.U. Regents’ Award for Superior Teaching, the University’s highest award for teaching excellence.
Helton earned his Master of Laws degree from Yale Law School in 2001. In 1999 he received a juris doctor degree with highest honors from the University of Tulsa College of Law, where he served as Editor-in-Chief of the Tulsa Law Journal and earned membership in the Order of the Curule Chair.
Partner, Spencer Fane LLP
Andy Lester has a civil litigation and appellate practice in both state and federal court. His fields of emphasis include complex business, civil rights, commercial, constitutional, and state and local government law. He has faced off against the White House over the use of Executive Privilege, has appeared as counsel before committees of the United States Senate and the United States House of Representatives, and has been a featured guest on television shows such as Hardball with Chris Matthews and The Situation Room with Wolf Blitzer. He has also served as Acting General Counsel for the Oklahoma House of Representatives, and has twice served as Chief Counsel to Special House Committees investigating public corruption.
While in law school, Lester served on President Ronald Reagan’s Transition Team for the Equal Employment Opportunity Commission. In 2002, he chaired Governor Brad Henry’s Law Enforcement/Corrections Transition Team and, as a member of the Budget/Finance Transition Team, helped write Governor Henry’s first State budget.
He is a former United States Magistrate Judge for the Western District of Oklahoma, and has served as Adjunct Professor at Oklahoma City University School of Law, having taught State & Local Government, Employment Law, Criminal Law, and International Law. Lester has written over 100 articles and papers on professional and public policy issues, and has published one book, Constitutional Law and Democracy, a collection of speeches he gave in 1993 in the former Soviet Union.
Lester is a former member of the Oklahoma State Regents for Higher Education, and in 2019 was named a State Regent Emeritus. He served on the board of Eureka College (President Reagan’s alma mater), is a former chairman of the Oklahoma Advisory Committee for the United States Commission on Civil Rights, and is a past president, past board chairman, and current board member of the Tenth Circuit Historical Society. He co-chaired the bipartisan Oklahoma Death Penalty Review Commission, which conducted the first-ever independent, objective, and thorough review of the state’s entire capital punishment system.
In 2012, Lester was named Citizen of the Year of Edmond, Oklahoma. He is a past president of the Rotary Club of Edmond, and in 2011 was named Rotarian of the Year.
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Courthouse Steps Decision: McGirt v. Oklahoma
Anthony J. Ferate, Taiawagi "Tai" Helton, Andy Lester
On July 9, the Supreme Court released its decision in McGirt v. Oklahoma. By a vote...
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Supreme Court Declines to Answer “Is there a ‘Police Powers’ Exception to the Just Compensation Clause?”
On Monday, the Supreme Court denied certiorari in the case of Lech v. Jackson. The...