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.
Vice President, Practice Groups, The Federalist Society
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...
Topics
Scrutiny for Me, But Not For Thee? New York Times Columnist Praises Courts for "Calling out Legislators" in Abortion and Voting Rights Cases
It is not often that a progressive columnist offers full-throated praise for judicial decisions to...
Fisher v. UT–Austin and the Future of Racial Preferences in College Admissions
Elizabeth Slattery
Federalist Society Review, Volume 17, Issue 2
Note from the Editor: This article discusses the Supreme Court’s recent decision in Fisher v. University...
Topics
Author Response: More on Judicial Impartiality
I concur wholeheartedly with Evan Bernick’s thesis, written in response to my recent blog, “Trump...
Topics
Judicial Impartiality Must Not Be a Mere "Facade": On the Dangers of Individual and Systematic Judicial Bias
In an article published Tuesday on this blog, David Applegate applauds the New York Times...