Principal and CEO, Borgelt Law
Roger B. Borgelt is a highly regarded Austin lawyer with 24 years’ experience primarily in the practice of environmental, energy, administrative, utility and professional licensure law. He is listed in Best Lawyers in America® and Texas' Best Lawyers. His firm, Borgelt Law, is listed in Best Law Firms byU.S. News & World Report -- Best Lawyers®. He represents individuals, landowners, suburban areas, businesses, political subdivisions and large institutions before state and federal regulatory agencies, the courts, local governments and the Texas Legislature with consistently favorable and unprecedented results.
Mr. Borgelt is licensed to practice law in Texas and admitted to practice before the U.S. District Court, Western District of Texas. Prior to establishing Borgelt Law in June 2010, he held senior positions in Texas government and excelled as partner at a major regional litigation firm where he led an extensive administrative and regulatory practice focused on environmental, energy, local government, annexation, zoning and permitting, land use and property law matters. He also developed the firm's ethics advising, campaign finance and election law counsel as well as experienced defense of Deceptive Trade Practices Act claims and advising on Texas Public Information Act requests.
His law practice has received high profile media coverage for the past two years through his representation of Homeowners United for Rate Fairness in its appeal of Austin Energy's rate increase to the Texas Public Utility Commission, which resulted in an unprecedented rate discount for his client's suburban customers and cost the City of Austin $1.6 million to defend.
Prior to entering private practice in 2006, he served for seven years in the Office of the Attorney General as Deputy Chief of the Consumer Protection Division and then as an Assistant Attorney General, actively defending consumer interests in the area of deceptive trade, and where he represented major public entities, including Texas A&M University and The UT System, in major gas and electric utilities matters which resulted in significant multi-million dollar savings annually for these institutions and the citizens of Texas. During this period as Assistant Attorney General he appeared frequently before the Texas Public Utility Commission, Railroad Commission and Federal Communications Commission in rulemakings and contested case hearings and appeals, often winning favorable rulings which furthered the Texas public interest and business climate.
He began his law practice as a law clerk at the Railroad Commission in 1989 before becoming a national authority in pesticide law and policy matters as general counsel of a small state environmental agency. During these earliest years of his law practice, he worked extensively with state and federal regulators and legislative and congressional committees examining and resolving complex environmental policy and impacts, including that of NAFTA on states bordering Mexico.
Roger attended UT as a National Merit Scholar. He earned a Bachelor of Arts Degree in Psychology from UT in 1984 before graduating from The University of Texas School of Law in 1988. He is a member of the UT Chancellor's Council, UT Littlefield Society and UT Longhorn Foundation. A lifelong Austinite, he and his wife, Mary Ellen, are active in the Austin community.
State Representative, District 61, Texas House of Representatives
As State Representative for the 61st District, Phil King represents the people of Parker and Wise counties in the Texas Legislature. He has earned a reputation as a principle-driven conservative who consistently provides key leadership in passing some of Texas’ most sweeping public policy legislation.
King currently serves as Chair of the State and Federal Power and Responsibility Committee. He also serves on the Energy Resources Committee, Environmental Regulation Committee and the Select Committee on Federal Environmental Regulation.
King serves on the National Board of Directors for the American Legislative Exchange Council and was the 2015 National Chair. He also Chairs ALEC’s Center for Innovation and Technology. King also serves on the Board of Directors of the Texas Conservative Coalition Research Institute.
As chair of the Regulated Industries Committee for three legislative sessions, he worked to promote competition in the electricity and telecommunications markets. King is a frequent speaker on public policy issues impacting Texas.
King serves as a Colonel in the Texas State Guard, one of three branches of the Military Forces of the State of Texas. The Guard assists and augments the Texas National Guard and Texas civil authorities during state emergencies and in homeland security.
He is a practicing attorney with the firm of Eggleston King, LLP. Representative King and his family are active members of Trinity Bible Church. Phil and his wife Terry are the proud parents of six children, eight granddaughters and four grandsons.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
First Court of Appeals, Texas
Michael Massengale was appointed to the First Court of Appeals by Governor Rick Perry on June 15, 2009. He was elected in 2010 and re-elected to a full term in 2012.
Justice Massengale is board certified in civil appellate law by the Texas Board of Legal Specialization. Before joining the court, he was a partner in the trial department at Baker Botts L.L.P. where he specialized in commercial litigation involving corporate mergers and acquisitions, fraudulent transfers, securities fraud, and antitrust. He has also tried a number of personal injury and property damage lawsuits to jury verdicts.
He graduated with honors from The University of Texas School of Law. He earned the Outstanding Editor Award from the Texas Law Review, having published his student note, served as Book Review Editor, and edited the ninth edition of Texas Rules of Form. After law school, he clerked for Judge Harold R. DeMoss, Jr. of the United States Court of Appeals for the Fifth Circuit. He is a graduate of Dartmouth College and an Eagle Scout.
Among other civic and professional activities, Justice Massengale serves as a commissioner on the Permanent Judicial Commission For Children, Youth & Families where he chairs the Training Committee and oversees the Commission's judicial and attorney training programs. He is an elected member of the American Law Institute. He also curates a blog on the history of the Texas Constitution, atwww.texconst.wordpress.com. His wife, Lindsey, is a board-certified ophthalmologist specializing in diseases of the vitreous and retina.
Andrew P. Morriss is Dean and Anthony G. Buzbee Dean's Endowed Chairholder at Texas A&M School of Law and a member of the Board of Advisors for the Center on Culture and Civil Society at the Independent Institute. He is also a Research Fellow at the Center for Labor and Employment Law at New York University; Senior Fellow at the Property & Environment Research Center; Senior Scholar at the Mercatus Center at George Mason University; and a regular Visiting Professor at Universidad Francisco Marroquín, in Guatemala. Prior to coming to the University of Illinois, he served as Galen J. Roush Professor of Business Law and Regulation at Case Western Reserve University.
He received his A.B. degree from Princeton University, his J.D. and a masters degree in public affairs from the University of Texas at Austin, and his Ph.D. (economics) from the Massachusetts Institute of Technology. After law school he clerked for U.S. District Judge Barefoot Sanders in the Northern District of Texas and worked for two years at Texas Rural Legal Aid in Hereford and Plainview, Texas.
Professor Morriss is the author or coauthor of more than forty book chapters and scholarly articles, and he is the co-editor of Cross-Border Human Resources, Labor and Employment Issues: Proceedings of the New York University 54th Annual Conference on Labor (with Samuel Estreicher); Property Stories (with Gerald Korngold); and The Common Law and the Environment (with Roger Meiners). He is the author of the book, Regulation by Litigation (with Bruce Yandle and Andrew Dorchak), and he also regularly writes for The Freeman: Ideas on Liberty and Books & Culture: A Christian Review.
Professor Morriss was recently named one of the Reporters for the Restatement of Employment Law by the American Law Institute (ALI), Senior Fellow for the Institute for Energy Research, and a Reporter for the Restatement of Employment Law by the American Law Institute.
Council Member, District 6, Austin
Council Member Don Zimmerman is a software engineer who is best known for his efforts to fight various tax proposals. In 2002, Zimmerman was elected president of the Northwest Austin Municipal Utility District (MUD) No. 1, where he waged a legal battle against a practice that he maintained was unlawful—combining City property taxes and (MUD) property taxes. Zimmerman won when a court sided with the MUD, thereby successfully defeating the City and the City’s additional tax. In that process, property taxpayers in that area saved $18 million.
Soon thereafter, Zimmerman founded the Travis County Taxpayers Union Special Political Action Committee to fight various local tax proposals. He was extremely active in defeating the 2012 proposed Housing Bonds with nearly 120,000 voters turning out. On December 16, 2014, Zimmerman was elected to District 6, the single-member District that covers Northwest Austin in the City’s new 10-1 Council structure. He was sworn into office on January 6, 2015. He drew a two-year term in the Council lottery and, therefore, will be up for re-election in November of 2016.
Don Zimmerman, a 5th generation Texan, was born minutes from the Alamo in San Antonio. Zimmerman credits his constant battle for liberty and equity under the law to the men and women who fought and died at the Alamo. Zimmerman graduated from Texas A&M with a B.S. in Mechanical Engineering and went on to receive his M.S. the following year. He has lived in Canyon Creek Subdivision of Northwest Austin since 2000. He is married to Jennifer W. Zimmerman.
Principal and CEO, Borgelt Law
Roger B. Borgelt is a highly regarded Austin lawyer with 24 years’ experience primarily in the practice of environmental, energy, administrative, utility and professional licensure law. He is listed in Best Lawyers in America® and Texas' Best Lawyers. His firm, Borgelt Law, is listed in Best Law Firms byU.S. News & World Report -- Best Lawyers®. He represents individuals, landowners, suburban areas, businesses, political subdivisions and large institutions before state and federal regulatory agencies, the courts, local governments and the Texas Legislature with consistently favorable and unprecedented results.
Mr. Borgelt is licensed to practice law in Texas and admitted to practice before the U.S. District Court, Western District of Texas. Prior to establishing Borgelt Law in June 2010, he held senior positions in Texas government and excelled as partner at a major regional litigation firm where he led an extensive administrative and regulatory practice focused on environmental, energy, local government, annexation, zoning and permitting, land use and property law matters. He also developed the firm's ethics advising, campaign finance and election law counsel as well as experienced defense of Deceptive Trade Practices Act claims and advising on Texas Public Information Act requests.
His law practice has received high profile media coverage for the past two years through his representation of Homeowners United for Rate Fairness in its appeal of Austin Energy's rate increase to the Texas Public Utility Commission, which resulted in an unprecedented rate discount for his client's suburban customers and cost the City of Austin $1.6 million to defend.
Prior to entering private practice in 2006, he served for seven years in the Office of the Attorney General as Deputy Chief of the Consumer Protection Division and then as an Assistant Attorney General, actively defending consumer interests in the area of deceptive trade, and where he represented major public entities, including Texas A&M University and The UT System, in major gas and electric utilities matters which resulted in significant multi-million dollar savings annually for these institutions and the citizens of Texas. During this period as Assistant Attorney General he appeared frequently before the Texas Public Utility Commission, Railroad Commission and Federal Communications Commission in rulemakings and contested case hearings and appeals, often winning favorable rulings which furthered the Texas public interest and business climate.
He began his law practice as a law clerk at the Railroad Commission in 1989 before becoming a national authority in pesticide law and policy matters as general counsel of a small state environmental agency. During these earliest years of his law practice, he worked extensively with state and federal regulators and legislative and congressional committees examining and resolving complex environmental policy and impacts, including that of NAFTA on states bordering Mexico.
Roger attended UT as a National Merit Scholar. He earned a Bachelor of Arts Degree in Psychology from UT in 1984 before graduating from The University of Texas School of Law in 1988. He is a member of the UT Chancellor's Council, UT Littlefield Society and UT Longhorn Foundation. A lifelong Austinite, he and his wife, Mary Ellen, are active in the Austin community.
State Representative, District 61, Texas House of Representatives
As State Representative for the 61st District, Phil King represents the people of Parker and Wise counties in the Texas Legislature. He has earned a reputation as a principle-driven conservative who consistently provides key leadership in passing some of Texas’ most sweeping public policy legislation.
King currently serves as Chair of the State and Federal Power and Responsibility Committee. He also serves on the Energy Resources Committee, Environmental Regulation Committee and the Select Committee on Federal Environmental Regulation.
King serves on the National Board of Directors for the American Legislative Exchange Council and was the 2015 National Chair. He also Chairs ALEC’s Center for Innovation and Technology. King also serves on the Board of Directors of the Texas Conservative Coalition Research Institute.
As chair of the Regulated Industries Committee for three legislative sessions, he worked to promote competition in the electricity and telecommunications markets. King is a frequent speaker on public policy issues impacting Texas.
King serves as a Colonel in the Texas State Guard, one of three branches of the Military Forces of the State of Texas. The Guard assists and augments the Texas National Guard and Texas civil authorities during state emergencies and in homeland security.
He is a practicing attorney with the firm of Eggleston King, LLP. Representative King and his family are active members of Trinity Bible Church. Phil and his wife Terry are the proud parents of six children, eight granddaughters and four grandsons.
Co-Chairman, The Federalist Society for Law and Public Policy Studies
Leonard is Co-Chairman and former Executive Vice President of the Federalist Society, joining the organization over 25 years ago. Since that time he has been instrumental in helping the organization top 70,000, focusing on the growth of lawyers membership, operations and activities advancing limited, constitutional government. In addition to his work at the Society, Leonard has advised President Trump on judicial selection, assisted with the Gorsuch and Kavanaugh Supreme Court selection and confirmation process, and served as a member of the transition team. He also organized the outside coalition efforts in support of the Roberts and Alito U.S. Supreme Court confirmations. Leonard was appointed by President George W. Bush to three terms to the U.S. Commission on International Religious Freedom as chairman. He was also a U.S. Delegate to the UN Council and UN Commission on Human Rights during the Bush Administration. Leonard was the recipient of the 2009 Bradley Prize, along with the other founders and directors of the Federalist Society, for his work in advancing freedom and the rule of law. He is the coeditor of Presidential Leadership: Rating the Best and the Worst in the White House, as well as the author of opinion editorials in the New York Times,The Wall Street Journal, and Washington Post. Leonard holds degrees from Cornell University and Cornell Law School. He presently resides in Northern Virginia, where he and his wife Sally have raised their seven children.
First Court of Appeals, Texas
Michael Massengale was appointed to the First Court of Appeals by Governor Rick Perry on June 15, 2009. He was elected in 2010 and re-elected to a full term in 2012.
Justice Massengale is board certified in civil appellate law by the Texas Board of Legal Specialization. Before joining the court, he was a partner in the trial department at Baker Botts L.L.P. where he specialized in commercial litigation involving corporate mergers and acquisitions, fraudulent transfers, securities fraud, and antitrust. He has also tried a number of personal injury and property damage lawsuits to jury verdicts.
He graduated with honors from The University of Texas School of Law. He earned the Outstanding Editor Award from the Texas Law Review, having published his student note, served as Book Review Editor, and edited the ninth edition of Texas Rules of Form. After law school, he clerked for Judge Harold R. DeMoss, Jr. of the United States Court of Appeals for the Fifth Circuit. He is a graduate of Dartmouth College and an Eagle Scout.
Among other civic and professional activities, Justice Massengale serves as a commissioner on the Permanent Judicial Commission For Children, Youth & Families where he chairs the Training Committee and oversees the Commission's judicial and attorney training programs. He is an elected member of the American Law Institute. He also curates a blog on the history of the Texas Constitution, atwww.texconst.wordpress.com. His wife, Lindsey, is a board-certified ophthalmologist specializing in diseases of the vitreous and retina.
Andrew P. Morriss is Dean and Anthony G. Buzbee Dean's Endowed Chairholder at Texas A&M School of Law and a member of the Board of Advisors for the Center on Culture and Civil Society at the Independent Institute. He is also a Research Fellow at the Center for Labor and Employment Law at New York University; Senior Fellow at the Property & Environment Research Center; Senior Scholar at the Mercatus Center at George Mason University; and a regular Visiting Professor at Universidad Francisco Marroquín, in Guatemala. Prior to coming to the University of Illinois, he served as Galen J. Roush Professor of Business Law and Regulation at Case Western Reserve University.
He received his A.B. degree from Princeton University, his J.D. and a masters degree in public affairs from the University of Texas at Austin, and his Ph.D. (economics) from the Massachusetts Institute of Technology. After law school he clerked for U.S. District Judge Barefoot Sanders in the Northern District of Texas and worked for two years at Texas Rural Legal Aid in Hereford and Plainview, Texas.
Professor Morriss is the author or coauthor of more than forty book chapters and scholarly articles, and he is the co-editor of Cross-Border Human Resources, Labor and Employment Issues: Proceedings of the New York University 54th Annual Conference on Labor (with Samuel Estreicher); Property Stories (with Gerald Korngold); and The Common Law and the Environment (with Roger Meiners). He is the author of the book, Regulation by Litigation (with Bruce Yandle and Andrew Dorchak), and he also regularly writes for The Freeman: Ideas on Liberty and Books & Culture: A Christian Review.
Professor Morriss was recently named one of the Reporters for the Restatement of Employment Law by the American Law Institute (ALI), Senior Fellow for the Institute for Energy Research, and a Reporter for the Restatement of Employment Law by the American Law Institute.
Council Member, District 6, Austin
Council Member Don Zimmerman is a software engineer who is best known for his efforts to fight various tax proposals. In 2002, Zimmerman was elected president of the Northwest Austin Municipal Utility District (MUD) No. 1, where he waged a legal battle against a practice that he maintained was unlawful—combining City property taxes and (MUD) property taxes. Zimmerman won when a court sided with the MUD, thereby successfully defeating the City and the City’s additional tax. In that process, property taxpayers in that area saved $18 million.
Soon thereafter, Zimmerman founded the Travis County Taxpayers Union Special Political Action Committee to fight various local tax proposals. He was extremely active in defeating the 2012 proposed Housing Bonds with nearly 120,000 voters turning out. On December 16, 2014, Zimmerman was elected to District 6, the single-member District that covers Northwest Austin in the City’s new 10-1 Council structure. He was sworn into office on January 6, 2015. He drew a two-year term in the Council lottery and, therefore, will be up for re-election in November of 2016.
Don Zimmerman, a 5th generation Texan, was born minutes from the Alamo in San Antonio. Zimmerman credits his constant battle for liberty and equity under the law to the men and women who fought and died at the Alamo. Zimmerman graduated from Texas A&M with a B.S. in Mechanical Engineering and went on to receive his M.S. the following year. He has lived in Canyon Creek Subdivision of Northwest Austin since 2000. He is married to Jennifer W. Zimmerman.
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
United States Senator, Texas
Ted Cruz represents 28 million Texans in the U.S. Senate as a passionate fighter for limited government and economic growth. He has authored 39 legislative measures signed into law. Recent victories include expanding 529 college savings accounts to allow parents to save for K–12 public, private, and religious education, leading the effort to repeal Obamacare’s individual mandate, imposing sanctions on terrorists who use civilians as human shields, designating North Korea as a state sponsor of terrorism, reauthorizing and reforming NASA, ensuring the availability of additional records to help solve civil rights cold cases, supporting thousands of Texas jobs, and leading the fight to confirm principled constitutionalists to our courts.
Senator Cruz is a graduate of Princeton University and Harvard Law School, a former law clerk to Chief Justice William Rehnquist, and former solicitor general of Texas. He has argued nine cases before the Supreme Court. In November of 2018, he was re-elected to the Senate by the people of Texas.
Partner, Jackson Walker
Arthur offers clients a winning combination of trial and appellate experience gained as a federal prosecutor and more than 20 years of experience in handling patent, copyright, trademark, and trade secrets litigation.
While his practice concentrates on intellectual property litigation, Arthur also has significant experience in internal investigations, False Claims Act suits, partnership and breach of fiduciary duty, breach of contract, and employment litigation. Arthur also has represented clients testifying before Congressional committees.
Arthur writes and speaks frequently on topics ranging from the case against Boston bomber Dzhokhar Tsarnaev to patent litigation reform.
Prior to joining Michael Best, Arthur served as an Assistant United States Attorney in the Southern District of New York, where he was the lead prosecutor in criminal trials, including federal intellectual property crimes. He also argued numerous appeals.
James L. Oberstar Professor of Law and Public Policy, University of St. Thomas School of Law
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
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.
Former Administrator, U.S. Environmental Protection Agency
Scott Pruitt served as the 14th Administrator of the U.S. Environmental Protection Agency.
As Administrator, Mr. Pruitt’s overarching goal was to lead EPA in a way that our future generations inherit a better and healthier environment as he works with the thousands of dedicated public servants at EPA who have devoted their careers to helping realize this shared vision, while faithfully administering environmental laws.
Prior to the EPA, Pruitt served as the Attorney General for Oklahoma. Almost immediately upon taking office, he worked with his Democratic counterpart in Arkansas to reach agreement to study the water quality of the Illinois River, which crosses the border between the two states and has been enjoyed by generations of Oklahomans. The Statement of Joint Principles provides for a best science study using EPA-approved methods, with both states agreeing, for the first time, to be bound by the outcome.
Also during his tenure as Oklahoma’s Attorney General, Pruitt led an historic water rights settlement between Oklahoma, Oklahoma City and the Choctaw and Chickasaw Tribal Nations that preserved the ecosystems of scenic lakes and rivers on native lands. The agreement, which required Congressional approval, was enacted into Section 3608 of Public Law 114-322 and signed in December 2016. It provides a framework that fosters intergovernmental collaboration on significant water resource concerns with the settlement area, while at the same time protecting existing water rights and affirming the state’s role in water rights permitting and administration.
Water settlement cases can be lengthy, costly, divisive and disruptive; however under Pruitt’s forward-thinking leadership, the process was hailed by all parties as one of commitment, hard work, perseverance and cooperation.
Pruitt became a national leader through a career of advocating to keep power in the hands of hard-working Americans. He has a proven track record of working with others – including industry, farmers, ranchers, landowners and small business owners - who want to do the right thing by the environment.
He has dedicated his career to creating policy that serves the people. He strongly believes that environmental law, policy and progress are all based on cooperation between the states, cooperation between the states and EPA, and cooperation between regulators and the public. As Attorney General for Oklahoma, he led the state’s legal challenges against property rights intrusion, while protecting Oklahoma’s natural resources and environment.
He is recognized as a national leader in the cause to restore the proper balance between the states and federal government, and he established Oklahoma’s first federalism unit to combat unwarranted regulation and overreach by the federal government.
Before being elected attorney general, he served eight years in the Oklahoma State Senate where he was a leading voice for fiscal responsibility.
After earning his Bachelor’s Degree from Georgetown College and graduating from the University of Tulsa College of Law, Pruitt went into private legal practice, specializing in constitutional law.
In addition to his life as a civil servant, Pruitt is a successful entrepreneur. As a co-owner and managing general partner of Oklahoma City’s Triple-A minor league baseball affiliate, the Oklahoma City Redhawks, Mr. Pruitt took over the team’s marketing operations and helped the team become one of the minor league leaders in attendance and merchandise sales.
Pruitt is, first and foremost, a family man. He and Marlyn, his wife of 27 years, proudly raised their daughter, McKenna, and son, Cade, in Tulsa. Pruitt has made it a priority to pass on to his children the same principled family values with which he was raised.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
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.
Former Administrator, U.S. Environmental Protection Agency
Scott Pruitt served as the 14th Administrator of the U.S. Environmental Protection Agency.
As Administrator, Mr. Pruitt’s overarching goal was to lead EPA in a way that our future generations inherit a better and healthier environment as he works with the thousands of dedicated public servants at EPA who have devoted their careers to helping realize this shared vision, while faithfully administering environmental laws.
Prior to the EPA, Pruitt served as the Attorney General for Oklahoma. Almost immediately upon taking office, he worked with his Democratic counterpart in Arkansas to reach agreement to study the water quality of the Illinois River, which crosses the border between the two states and has been enjoyed by generations of Oklahomans. The Statement of Joint Principles provides for a best science study using EPA-approved methods, with both states agreeing, for the first time, to be bound by the outcome.
Also during his tenure as Oklahoma’s Attorney General, Pruitt led an historic water rights settlement between Oklahoma, Oklahoma City and the Choctaw and Chickasaw Tribal Nations that preserved the ecosystems of scenic lakes and rivers on native lands. The agreement, which required Congressional approval, was enacted into Section 3608 of Public Law 114-322 and signed in December 2016. It provides a framework that fosters intergovernmental collaboration on significant water resource concerns with the settlement area, while at the same time protecting existing water rights and affirming the state’s role in water rights permitting and administration.
Water settlement cases can be lengthy, costly, divisive and disruptive; however under Pruitt’s forward-thinking leadership, the process was hailed by all parties as one of commitment, hard work, perseverance and cooperation.
Pruitt became a national leader through a career of advocating to keep power in the hands of hard-working Americans. He has a proven track record of working with others – including industry, farmers, ranchers, landowners and small business owners - who want to do the right thing by the environment.
He has dedicated his career to creating policy that serves the people. He strongly believes that environmental law, policy and progress are all based on cooperation between the states, cooperation between the states and EPA, and cooperation between regulators and the public. As Attorney General for Oklahoma, he led the state’s legal challenges against property rights intrusion, while protecting Oklahoma’s natural resources and environment.
He is recognized as a national leader in the cause to restore the proper balance between the states and federal government, and he established Oklahoma’s first federalism unit to combat unwarranted regulation and overreach by the federal government.
Before being elected attorney general, he served eight years in the Oklahoma State Senate where he was a leading voice for fiscal responsibility.
After earning his Bachelor’s Degree from Georgetown College and graduating from the University of Tulsa College of Law, Pruitt went into private legal practice, specializing in constitutional law.
In addition to his life as a civil servant, Pruitt is a successful entrepreneur. As a co-owner and managing general partner of Oklahoma City’s Triple-A minor league baseball affiliate, the Oklahoma City Redhawks, Mr. Pruitt took over the team’s marketing operations and helped the team become one of the minor league leaders in attendance and merchandise sales.
Pruitt is, first and foremost, a family man. He and Marlyn, his wife of 27 years, proudly raised their daughter, McKenna, and son, Cade, in Tulsa. Pruitt has made it a priority to pass on to his children the same principled family values with which he was raised.
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
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.
Senior Attorney, Pacific Legal Foundation
Chris Kieser practices in PLF’s property rights and equality before the law practice groups.
His property rights clients include Cedar Point Nursery, which challenged a California regulation requiring them to allow union organizers to invade their private property, as well as Randall and Kimberley Pavlock, who are fighting back against Indiana’s beachfront land grab along Lake Michigan.
Under equality before the law, Chris represents coalitions of Asian-American parents challenging discriminatory admissions policies for selective K-12 schools in New York City; Montgomery County, Maryland; and Fairfax County, Virginia. He also represents a parent organization in Connecticut challenging a racial quota that prevents many Black and Hispanic students from enrolling at the state’s magnet schools.
Chris has published law review articles in the William & Mary Environmental Law Review and the Federalist Society Review. His op-eds have appeared in the New York Daily News, National Review, The Blaze, the Daily Journal, and SCOTUSblog.
Chris clerked for the Honorable Daniel A. Manion of the United States Court of Appeals for the Seventh Circuit and the Honorable Thomas D. Schroeder of the United States District Court for the Middle District of North Carolina. He holds a B.A., cum laude, from the University of Notre Dame, and graduated magna cum laude from Notre Dame Law School in 2013. At Notre Dame, he was an articles editor of the Notre Dame Law Review.
Growing up on Long Island, Chris developed a deep passion for limited government and individual liberty, arguing with his more numerous progressive classmates. This experience made him deeply skeptical that government tinkering at the expense of individual rights ever works, whether it be denying a property owner the use of his land or a student a seat at her desired school because of her race. He chose PLF because it is the national leader in litigation that furthers individual liberty.
When he’s not working, you’re likely to find Chris rooting for the Mets and Fighting Irish or debating some arcane point of law (because apparently that doesn’t happen enough at work).
Chris is currently licensed to practice in California and admitted to practice before the Supreme Court of the United States, the United States Courts of Appeal for the Second, Seventh, and Ninth Circuits, and the U.S. District Courts for the Eastern and Central Districts of California, the Northern District of Indiana, and the Northern District of Illinois.
Local Control or Abdication of Individual Rights?
Roger Borgelt, Phil King, Leonard A. Leo, Michael C. Massengale, Andrew P. Morriss, Don Zimmerman
Second Annual Texas Chapters Conference
A growing number of Texas municipalities are passing so-called "nanny state" restrictions and regulations that may...
Local Control or Abdication of Individual Rights?
Roger Borgelt, Phil King, Leonard A. Leo, Michael C. Massengale, Andrew P. Morriss, Don Zimmerman
Second Annual Texas Chapters Conference
A growing number of Texas municipalities are passing so-called "nanny state" restrictions and regulations that may...
Keynote Address by Senator Ted Cruz
Ted Cruz, Arthur Gollwitzer
Second Annual Texas Chapters Conference
Senator Ted Cruz (R-TX) gave the keynote address at our Second Annual Texas Chapters Conference....
Keynote Address by Senator Ted Cruz
Ted Cruz, Arthur Gollwitzer
Second Annual Texas Chapters Conference
Senator Ted Cruz (R-TX) gave the keynote address at our Second Annual Texas Chapters Conference....
Religious Exemptions and Third-Party Harms
Thomas C. Berg
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses the effect that third-party harms should have on religious...
The Clean Power Plan Goes to Court
David Bookbinder, David D. Doniger, Scott Pruitt, David B. Rivkin, Adam White
Environmental Law & Property Rights Practice Group
In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection...
The Clean Power Plan Goes to Court
David Bookbinder, David D. Doniger, Scott Pruitt, David B. Rivkin, Adam White
Environmental Law & Property Rights Practice Group
In August 2015 the President announced the Clean Power Plan, characterized by the Environmental Protection...
Topics
Happy Anniversary to the FedSoc blog!
The new, revamped Federalist Society blog turns one year old this week! Take a look...
Final Agency Actions and Judicial Review: United States Army Corps of Engineers v. Hawkes Co.
James S. Burling
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses the Supreme Court’s recent decision in United States Army...
Finding the Denominator in Regulatory Takings Cases: A Preview of Murr v. Wisconsin
Christopher M. Kieser
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses Murr v. Wisconsin, a regulatory takings case that the...