Partner, Johns & Counsel PLLC
Chris Johns advocates for people and causes he believes in. He represents individuals and businesses as they confront powerful interests on the other side: property owners in eminent-domain cases, people and organizations seeking to exercise constitutional rights, and others with a just cause in a civil trial or appeal.
Chris has won cases for clients in courts across the country—from state and federal trial and appellate courts to the United States Supreme Court. He is also an adjunct professor at the University of Texas School of Law, where he teaches the course on eminent domain and private-property rights.
Chris grew up and attended public schools in Buckhannon, West Virginia. He went to Brigham Young University on academic and piano scholarships and, after his first year of college, served for two years as a full-time volunteer for his church in Oakland and San Francisco. Chris spent most of his time in neighborhoods unlike anything he’d ever seen in rural West Virginia. Still, he can’t imagine a better education: speaking with thousands of people about life, hopes, fears, and spiritual paths; becoming fluent in Spanish; observing communities that thrived and others that failed; and making friends with individuals from many countries and many walks of life, from gang members to high-level government officials. Chris decided during his volunteer service that he eventually wanted to become a lawyer and advocate. He studied English upon return to BYU, graduating magna cum laude in 1997.
Chris received his J.D. with high honors from the University of Texas School of Law. There, he was editor in chief of the Texas Law Review, a member of the Chancellors honor society, and a member of the Order of the Coif. He received Dean’s Achievement Awards in several of his classes. After graduation, Chris clerked for the Honorable Phyllis A. Kravitch of the United States Court of Appeals for the Eleventh Circuit.
He then attended the University of Oxford, where he received a postgraduate law degree and authored a frequently cited dissertation analyzing the relationship between property and the law of obligations.
Chris entered private practice at Weil, Gotshal & Manges LLP, where he worked with former Texas Solicitor General Greg Coleman in the firm’s national Supreme Court and appellate practice. He and three of his law-school classmates founded Johns Marrs Ellis & Hodge LLP, a trial and appellate boutique, and practiced together for nearly nine years.
In March 2018, Chris opened Johns & Counsel PLLC with a small, elite team dedicated to the clients and causes that mean most to him and the other members of the firm.
Chris appears on the 2018 and 2019 list of The Best Lawyers in America, a peer-selected honor. Texas Super Lawyers Magazine named him to its 2014, 2015, 2016, 2017, and 2018 lists of “Super Lawyers” and to its 2013 and 2014 lists of “Rising Stars.” He is also a barrister in the Lloyd Lochridge American Inn of Court. Chris has testified about property rights on invitation from the Texas Legislature, is a regular speaker at national and state CLE conferences, has received multiple pro bono service awards, helped train UT’s moot-court teams, and has appeared as a legal commentator on television news programs.
Chris is licensed in Texas and New York and is admitted to practice before the Supreme Court of the United States, the U.S. Courts of Appeals for the Fourth, Fifth, and Federal Circuits, the U.S. Court of Appeals for the Federal Circuit, the U.S. District Courts for the Eastern, Southern, and Western Districts of Texas, the U.S. Court of Federal Claims, several other federal courts across the country, and all state courts in Texas.
Partner, Foley & Lardner LLP
Jeffrey A. Simmons is a partner and member of Foley & Lardner’s Business Litigation & Dispute Resolution Practice, where he focuses on complex litigation matters. Mr. Simmons was lead counsel in one of the largest insurance rehabilitations in U.S. history, In the Matter of the Rehabilitation of Segregated Account of Ambac Assurance Corporation, Case No. 10-cv-1576 (Dane Co., Wis.). A large portion of his practice is also devoted to trademark, copyright, patent and trade secret disputes. He currently serves on the Seventh Circuit Court of Appeals’ subcommittee responsible for rewriting the circuit’s pattern jury instructions for trademark and copyright cases.
Prior to joining Foley, Mr. Simmons served as a law clerk to the Hon. John W. Reynolds, U.S. District Court for the Eastern District of Wisconsin.
Director of Property Rights Litigation, Pacific Legal Foundation
Robert Thomas is Pacific Legal Foundation’s director of its Property Rights practice group. He is an expert on property rights, takings, land use, and eminent domain issues.
After more than three decades in private practice in Hawaii and California representing property owners in takings, eminent domain, and land use cases, Robert joined PLF’s team of freedom fighters in 2021.
He has litigated cases in both state and federal court. As counsel for the property owners in County of Hawaii v. C&J Coupe Family Limited Partnership, he helped establish the rule that courts are not mere “rubber stamps” when a local government is taking property by eminent domain. Another case, Hamilton ex rel. Lethem v. Lethem, held that a parent’s liberty interest in raising and disciplining his child included a right to fair procedures, including notice and a judicial hearing before the family court could restrict parent-child contact.
Robert is a frequent speaker on property rights, takings, land use, and eminent domain issues nationwide. He also regularly publishes scholarly and practical articles in his area of practice, most recently including, “Hoist the Yellow Flag and Spam® Up: The Separation of Powers Limitation on Hawaii’s Emergency Authority”, 43 U. Haw. L. Rev. 71 (2020) and “Evaluating Emergency Takings: Flattening the Economic Curve”, 29 Wm. & Mary Bill Rts. J. 1145 (2021).
An elected member of the American Law Institute, Robert received his LLM, with honors, from Columbia Law School, where he was a Harlan Fiske Stone Scholar, and his JD from the University of Hawaii School of Law, where he served as editor of the Law Review. He also serves as the inaugural Joseph T. Waldo Visiting Chair in Property Rights Law at William & Mary Law School in Williamsburg, Virginia, where he teaches upper-division courses in eminent domain, land use, property rights, and property law.
When he’s not working, you might find Robert writing and publishing his blog on land use, property, and takings law, inversecondemnation.com, one of the most widely read blogs on those subjects.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Distinguished Professor of Law, Widener University Delaware Law School
James R. May is Distinguished Professor of Law, and Chief Sustainability Officer, Widener University (USA). He also serves as co-Director of the Environmental Rights Institute and co-Director of the Dignity Rights Project at Widener University Delaware Law School. May is also an Adjunct Professor of Graduate Engineering, and founded and co-chairs a program on marine policy. May is the editor of Principles of Constitutional Environmental Law (American Bar Association), and co-editor of Shale Gas and the Future of Energy (Edward Elgar), Global Environmental Constitutionalism (Cambridge), Environmental Constitutionalism in Context (Edward Elgar), New Frontiers in Environmental Constitutionalism (United National Environment Programme, forthcoming), Implementing Environmental Constitutionalism(Cambridge, forthcoming), Standards of Environmental Constitutionalism (Cambridge, forthcoming), and Human Rights and the Environment: Indivisibility, Dignity and Legality (Edward Elgar, forthcoming). May is also author or co-author of more than 100 articles and book chapters, and numerous amicus briefs to the U.S. Supreme Court and U.S. federal courts of appeal on issues including environmental law, constitutional law, comparative constitutional, international environmental law, environmental rights, and human dignity.
May founded two non-profit environmental organizations (the Mid-Atlantic and the Eastern Environmental Law Centers), and has litigated more than 200 public interest environmental claims, including cases throughout the Mid-Atlantic to restore water and air quality, conserve rare species and habitats, and protect biodiversity.
May is a Member of Faculty to the National Judicial College, and a Fellow of the American College of Environmental Lawyers, for whom he has served as a delegate to Haiti and China. May has also served as a consultant to the U.S. Embassy on legal education in the Philippines, and to the Hungarian Embassy and the Moroccan Human Rights Council on constitutional reform. May is a member of Phi Kappa Phi, serves on numerous boards, and has won numerous awards, including from Pace University, Sierra Club, and the American Canoe Association. He earned his B.S. in Mechanical Engineering from the University of Kansas (Bowman Scholar), J.D. from the University of Kansas (Appellate Advocacy Scholar and national moot court champion), and LL.M. in Environmental Law from Pace University, where he was the Feldshuh Fellow and graduated first in class.
May is a member of the bar in the State of Pennsylvania, several federal courts of appeal, and the U.S. Supreme Court.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Wallace Stevens Professor of Law, University of Connecticut School of Law
Professor Bethany Berger is a widely read scholar of Property Law and Legal History and one of the leading federal Indian Law scholars in the country. She is a co-author and member of the Editorial Board of Felix S. Cohen's Handbook of Federal Indian Law, the foundational treatise in the field, and co-author of leading casebooks in both Property Law and American Indian Law. Her articles have appeared in the Michigan Law Review, California Law Review, UCLA Law Review, and the Duke Law Journal, among other publications, and have been excerpted and discussed in many casebooks and edited collections as well as in briefs to the Supreme Court and testimony before Congress.
Professor Berger graduated with honors from Wesleyan University, where she was elected to phi beta kappa, and from Yale Law School. After law school, Professor Berger went to the Navajo and Hopi Nations to serve as the Director of the Native American Youth Law Project of DNA-People's Legal Services. There, she conducted litigation challenging discrimination against Indian children, drafted and secured the passage of tribal laws affecting children, and helped to create a Navajo alternative to detention program. She then became Managing Attorney of Advocates for Children of New York, where she worked on impact litigation and policy reform concerning the rights of children in public education.
At the University of Connecticut School of Law, Professor Berger teaches American Indian Law, Property, Tribal Law, and Conflict of Laws. She is also the Wallace Stevens Professor of Law, a chair named for one of America’s greatest poets, a lawyer who lived and worked in Hartford for most of his life. She has served as a judge for the Southwest Intertribal Court of Appeals and as a visiting professor at Harvard Law School and the University of Michigan Law School.
Senior Vice President and Litigation Director, Institute for Justice
Dana Berliner serves as Senior Vice President and Litigation Director at the Institute for Justice, where she has worked as a lawyer since 1994.
The focus of Dana’s litigation at IJ has been property rights. She successfully represented the Community Youth Athletic Center, a boxing gym and mentoring program for at-risk youth, which challenged the city of National City’s authorization of taking the CYAC’s property for private development; the California Court of Appeal ruled in 2013 that the authorization of eminent domain was invalid and that National City had violated California’s Public Records Act. Dana also represented the home and business owners in Norwood, Ohio, who, on July 26, 2006, secured a unanimous ruling from the Ohio Supreme Court that the city could not take their property for a privately owned shopping mall and “lifestyle center.” Along with co-counsel Scott Bullock, she represented the homeowners in Kelo v. New London, in which the U.S. Supreme Court ruled that cities could condemn property because other uses may produce an increase in tax dollars and jobs. Dana, along with many others at IJ, worked to turn the nationwide outrage caused by the decision into new state statutes, constitutions and judicial decisions that cut back on eminent domain abuse. She secured a ruling that the Village of Port Chester, N.Y., violated due process in its use of eminent domain to secure waterfront property. Since 2008, Dana has been recognized every year as a “Best Lawyer” in eminent domain and condemnation law by the publication Best Lawyers in America.
On issues of free speech and economic liberty, Dana successfully defended Carla Main and Encounter Books, who wrote and published a book about eminent domain abuse in Texas and across the country, against a defamation suit brought by a developer who stood to receive property taken by eminent domain. She secured a victory in favor of two New Orleans entrepreneurs in a federal First Amendment challenge to the city of New Orleans’ ban on sidewalk book vending. As trial counsel, Dana also secured a ruling that the Nevada Transportation Services Authority violated the rights of several would-be limousine entrepreneurs by subjecting them to an onerous and arbitrary licensing process that gave undue power to existing companies opposing competition. And she successfully represented an aspiring teacher of African hair braiding in Mississippi, as well as two of her students, challenging restrictions on learning and teaching African hair braiding in Mississippi.
In 2012, Dana became IJ’s Litigation Director. She now oversees all of IJ’s litigation, helping other attorneys craft both their major legal theories and their day-to-day litigation strategies. And she helps to set the litigation directions that IJ will take. In 2016, Dana began her role as IJ’s Senior Vice President.
Dana authored Opening the Floodgates: Eminent Domain Abuse in the Post-Kelo World, a report on the use and threatened use of eminent domain for private development in the year since the Kelo decision. Dana also authored Public Power, Private Gain: A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain, the first-ever nationwide study on the abuse of eminent domain, released in 2003.
Dana has been quoted in The New York Times, USA Today, Wall Street Journal, NPR and The Washington Post as well as on various radio and television broadcasts, including 60 Minutes.
Dana received her law and undergraduate degrees from Yale University where she was a member of the Yale Law Journal and represented clients through the legal services program. After law school, she clerked for Judge Jerry Smith on the 5th U.S. Circuit Court of Appeals.
Dana Berliner is a member of the DC and Pennsylvania bars.
Partner, Marzulla Law
Ms. Marzulla served as an Attorney-Advisor and as a trial lawyer prosecuting employment violations in the Civil Rights Division at the U.S. Department of Justice. Later, Nancie joined the law firm of Verner, Liipfert (now DLA Piper), where she litigated complex airline and other civil matters. In 1991, She founded Defenders of Property Rights, where she was involved in high profile takings cases in the Supreme Court, federal courts of appeal, and trial courts. Ms. Marzulla also worked at the International Labor Organization in Geneva, Switzerland doing comparative legal research.
Nancie G. Marzulla is a founding partner of Marzulla Law, ranked as one of the nation’s “Best Law Firms,” and a “Tier One” environmental litigation firm by the U.S. News and World Report. Nancie’s litigation practice concentrates on water rights, takings, and contract claims in the U.S. Court of Federal Claims. She also has extensive experience in handling matters involving property, water, environmental law, Indian tribal claims, development, and natural resources in trial courts, courts of appeal, the Supreme Court, and in international tribunals. Nancie also represents corporate clients in enforcement or permitting disputes with federal regulatory agencies.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Director, Federal Water Policy, Water Division, Nature Program, Natural Resources Defense Council, Inc.
Jon Devine leads NRDC’s clean water solutions team. His work focuses on implementing, defending, and strengthening the core programs under the Clean Water Act. Devine’s areas of expertise include curbing runoff pollution through the development of green infrastructure, increasing the water quality of the Mississippi River Basin by decreasing pollution, and restoring safeguards for streams, wetlands, and other bodies of water. Prior to joining the Water program, he worked with NRDC’s Health & Environment program for four years. Previously, he served as an attorney-adviser in the U.S. Environmental Protection Agency’s Office of General Counsel and also worked as an environmental specialist in Maine’s Department of Environmental Protection. Devine graduated from Bowdoin College and received his JD from Georgetown University. He is based in Washington, D.C.
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.
Andrew Varcoe was formerly a partner at Boyden Gray & Associates in Washington, D.C. From 2014 to 2017, Mr. Varcoe was Deputy General Counsel at the Biotechnology Innovation Organization (BIO), the trade association for the biotechnology industry. He previously served as an attorney in the Office of the General Counsel of the U.S. Department of Agriculture (USDA) in Washington, D.C., and Harrisburg, Pennsylvania. While at USDA, he briefed, argued, and mediated cases in the federal courts of appeals and helped manage USDA’s and its agencies’ nationwide appellate litigation docket, working closely with trial and appellate lawyers at the U.S. Department of Justice. Before joining USDA, Mr. Varcoe was an associate and then counsel at Wilmer Cutler Pickering Hale and Dorr LLP (previously Wilmer, Cutler & Pickering). Mr. Varcoe served as a law clerk to Justice Francis X. Spina of the Massachusetts Supreme Judicial Court (from 1999 to 2000), and to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit (from 2001 to 2002).
Mr. Varcoe received his J.D. cum laude in 1999 from Harvard Law School, where he was a research assistant to Professor Martha Minow and an editor of the Harvard Journal of Law & Public Policy. Mr. Varcoe graduated with honors in 1995 from the University of Chicago, where he was Student Ombudsperson (a mediator, reporting to the President of the University, who investigated and resolved student grievances) and a member of Phi Beta Kappa.
In 2018 and 2019, Mr. Varcoe served as Chairman of the Executive Committee of the Federalist Society’s Environmental Law and Property Rights Practice Group.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Director, Federal Water Policy, Water Division, Nature Program, Natural Resources Defense Council, Inc.
Jon Devine leads NRDC’s clean water solutions team. His work focuses on implementing, defending, and strengthening the core programs under the Clean Water Act. Devine’s areas of expertise include curbing runoff pollution through the development of green infrastructure, increasing the water quality of the Mississippi River Basin by decreasing pollution, and restoring safeguards for streams, wetlands, and other bodies of water. Prior to joining the Water program, he worked with NRDC’s Health & Environment program for four years. Previously, he served as an attorney-adviser in the U.S. Environmental Protection Agency’s Office of General Counsel and also worked as an environmental specialist in Maine’s Department of Environmental Protection. Devine graduated from Bowdoin College and received his JD from Georgetown University. He is based in Washington, D.C.
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.
Andrew Varcoe was formerly a partner at Boyden Gray & Associates in Washington, D.C. From 2014 to 2017, Mr. Varcoe was Deputy General Counsel at the Biotechnology Innovation Organization (BIO), the trade association for the biotechnology industry. He previously served as an attorney in the Office of the General Counsel of the U.S. Department of Agriculture (USDA) in Washington, D.C., and Harrisburg, Pennsylvania. While at USDA, he briefed, argued, and mediated cases in the federal courts of appeals and helped manage USDA’s and its agencies’ nationwide appellate litigation docket, working closely with trial and appellate lawyers at the U.S. Department of Justice. Before joining USDA, Mr. Varcoe was an associate and then counsel at Wilmer Cutler Pickering Hale and Dorr LLP (previously Wilmer, Cutler & Pickering). Mr. Varcoe served as a law clerk to Justice Francis X. Spina of the Massachusetts Supreme Judicial Court (from 1999 to 2000), and to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit (from 2001 to 2002).
Mr. Varcoe received his J.D. cum laude in 1999 from Harvard Law School, where he was a research assistant to Professor Martha Minow and an editor of the Harvard Journal of Law & Public Policy. Mr. Varcoe graduated with honors in 1995 from the University of Chicago, where he was Student Ombudsperson (a mediator, reporting to the President of the University, who investigated and resolved student grievances) and a member of Phi Beta Kappa.
In 2018 and 2019, Mr. Varcoe served as Chairman of the Executive Committee of the Federalist Society’s Environmental Law and Property Rights Practice Group.
Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
Senior Counsel, The Becket Fund for Religious Liberty
Joe Davis joined Becket in 2017 as Legal Counsel. His work at Becket has included appellate litigation in both federal and state courts, including representing religious entities and governments sued because of their openness to religious expression in precedent-setting victories before the Third, Fifth, Seventh, and Eleventh Circuits. Joe has appeared in national media to discuss religious liberty issues, including on Fox News and numerous radio and print outlets, and his academic work on topics related to religious liberty has been published at venues including the Yale Law Journal Forum and the Notre Dame Law Review Online.
Before joining Becket, Joe worked as a litigator at Jones Walker LLP in New Orleans, Louisiana, where he worked on a variety of matters from commercial and criminal litigation to bankruptcy. From 2014 to 2015, he clerked for the Honorable E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit.
Joe graduated summa cum laude from the University of Virginia School of Law in 2014, where he served on the Virginia Law Review and was elected to the Order of the Coif. While in law school, Joe studied religious liberty law with one of the top religious liberty scholars and litigators in the nation. He also worked as a researcher for the law school’s Supreme Court Litigation Clinic. Before going to law school, Joe received his B.A. in Economics with a minor in Religion, summa cum laude, from Mississippi State University.
Joe is married to his high school sweetheart. When he’s not helping her corral their four young children, he tends to be reading the classics, watching college football, or listening to his vinyl collection.
Professor of Law, Antonin Scalia Law School, George Mason University
ILYA SOMIN is Professor of Law at George Mason University and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His research focuses on constitutional law, property law, democratic theory, federalism, and migration rights. He is the author of Free to Move: Foot Voting, Migration, and Political Freedom (Oxford University Press, revised and expanded edition, 2022), Democracy and Political Ignorance: Why Smaller Government is Smarter (Stanford University Press, revised and expanded second edition, 2016), and The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain (University of Chicago Press, 2015, rev. paperback ed., 2016), coauthor of A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case (Palgrave Macmillan, 2013), and co-editor of Eminent Domain: A Comparative Perspective (Cambridge University Press, 2017). Democracy and Political Ignorance has been translated into Italian and Japanese.
Somin’s work has appeared in numerous scholarly journals, including the Yale Law Journal, Stanford Law Review, Northwestern University Law Review, Georgetown Law Journal, Critical Review, and others. Somin has also published articles in a variety of popular press outlets, including the New York Times, Washington Post, Wall Street Journal, Los Angeles Times, CNN, NBC, The Atlantic, USA Today, Boston Globe, US News and World Report, South China Morning Post, National Law Journal and Reason. He has been quoted or interviewed by the New York Times, Washington Post, Wall Street Journal, Time, Newsweek, The Economist, the Christian Science Monitor, the Financial Times, The Guardian, the Associated Press, CBS, MSNBC, NPR, BBC, Reuters, the Canadian Broadcasting Corporation, the Australian Broadcasting Corporation, Radio Free Europe/Radio Liberty, Al Jazeera, and the Voice of America, among other media.
Somin’s writings have been cited in decisions by the United States Supreme Court, multiple state supreme courts and lower federal courts, and the Supreme Court of Israel. He is co-counsel for the plaintiffs in VOS Selections, Inc. v. Trump, a case challenging the constitutionality of President Trump’s “Liberation Day” tariffs. Somin has testified on the use of drones for targeted killing in the War on Terror before the US Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights. In 2009, he testified on property rights issues at the United States Senate Judiciary Committee confirmation hearings for Supreme Court Justice Sonia Sotomayor. Somin writes regularly for the popular Volokh Conspiracy law and politics blog, now affiliated with Reason magazine (previously affiliated with the Washington Post from 2014 to 2017). From 2006 to 2013, he served as Co-Editor of the Supreme Court Economic Review, one of the country’s top-rated law and economics journals.
Somin has served as a visiting professor at the University of Pennsylvania Law School. He has also been a visiting professor or scholar at the Georgetown University Law Center, the University of Hamburg, Germany, the University of Torcuato Di Tella in Buenos Aires, Argentina, Uriel Reichman University in Israel, and Zhengzhou University in China. He is a University Affiliate of the Schar School of Policy and Government at George Mason University, and an affiliated faculty member of the George Mason University Institute for Immigration Research. Before joining the faculty at George Mason, Somin was the John M. Olin Fellow in Law at Northwestern University Law School in 2002-2003. In 2001-2002, he clerked for the Hon. Judge Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit. Professor Somin earned his B.A., Summa Cum Laude, at Amherst College, M.A. in Political Science from Harvard University, and J.D. from Yale Law School.
Is “Possess Now, Pay Later” Constitutional in Private Pipeline Takings?
Chris Johns, Jeffrey A. Simmons, Robert H. Thomas
The U.S. Supreme Court will soon consider the third of several petitions for certiorari asking...
Litigation Update: Juliana v. United States
Jonathan H. Adler, James R. May, Damien Michael Schiff
On June 4, 2019, a Ninth Circuit panel heard oral argument in a high-profile interlocutory...
Litigation Update: Cedar Point Nursery v. Shiroma
Bethany Berger
On May 8, 2019, the Ninth Circuit issued a 2-1 decision in Cedar Point Nursery...
Litigation Update: Love Terminal Partners v. United States
Dana Berliner, Nancie G. Marzulla
A 2018 federal circuit court ruling rejected compensation to the plaintiff in a case in...
Courthouse Steps Decision: Herrera v. Wyoming
On May 20, 2019, the U.S. Supreme Court issued a 5-4 ruling in the case...
The Trump Administration’s Proposed Redefinition of “Navigable Waters” – Too Much, Too Little, or Just Right?
Jonathan H. Adler, Jeffrey Bossert Clark, Jon Devine, Tony Francois, Andrew R. Varcoe
Seventh Annual Executive Branch Review Conference
The seventh annual Executive Branch Review Conference took place on May 8, 2019, at the...
The Trump Administration’s Proposed Redefinition of “Navigable Waters” – Too Much, Too Little, or Just Right?
Jonathan H. Adler, Jeffrey Bossert Clark, Jon Devine, Tony Francois, Andrew R. Varcoe
Seventh Annual Executive Branch Review Conference
The seventh annual Executive Branch Review Conference took place on May 8, 2019, at the...
Deep Dive Episode 54 – Department of Interior Considers Rulemaking on the Right to Use Eagle Feathers in Religious Exercise
Joseph Davis
Regulatory Transparency Project's Fourth Branch Podcast
It is currently a federal crime, under the Bald and Golden Eagle Protection Act, for...
Litigation Update: Department of Interior Considers Rulemaking on the Right to Use Eagle Feathers in Religious Exercise
Joseph Davis
Religious Liberties Practice Group and Regulatory Transparency Project Teleforum
It is currently a federal crime, under the Bald and Golden Eagle Protection Act, for...
Does Legalizing Uber and Lyft "Take" The Property Of Taxi Companies?
Ilya Somin
Over the last few years, taxi companies in several cities have brought lawsuits claiming that...