Senior Advisor, Wilkinson Barker Knauer LLP
Mr. Clark is a Senior Advisor at Wilkinson Barker Knauer, LLP. He has extensive experience in energy and utility policy at the federal and state level. He provides clients with analysis and strategic advice on a variety regulatory and public policy matters affecting their businesses. He specializes in working with clients in the energy and telecommunications industries and at the nexus of state and federal jurisdictional issues.
Having been appointed by President Obama, and unanimously confirmed by the U.S. Senate, Mr. Clark served from 2012 to 2016 as a Commissioner of the Federal Energy Regulatory Commission. While at the FERC, Mr. Clark worked on matters that are at the forefront of energy policy, such as: electricity reliability, electricity-natural gas industry coordination, oversight of the nation’s Regional Transmission Organizations, electricity grid cyber and physical security regulations, major enforcement actions, energy infrastructure permitting, the integration of renewables and energy storage, FERC Order 1000 implementation, and wholesale electricity market reforms. From 2001 to 2012 he was a Commissioner of the North Dakota Public Service Commission, including over 5 years as its Chairman. During his tenure at the North Dakota Commission, Mr. Clark oversaw numerous proceedings related to the state’s historic emergence as a leader in American energy production. In 2010, he was selected by his regulatory peers across the nation to serve a term as President of the National Association of Regulatory Utility Commissioners. He also served a three-year term as Chairman of the NARUC Telecommunications Committee. Through his various regulatory positions, he has testified multiple times before Committees of both the US House and US Senate on matters related to energy and telecommunications.
From 1999 to 2000, Mr. Clark was Labor Commissioner of the State of North Dakota and a member of the Cabinet of Gov. Ed Schafer. In 1994 he was one of the youngest people ever elected to the North Dakota legislature, representing a portion of the City of Fargo for two terms in the State House of Representatives. He is a graduate, with honor, from North Dakota State University and holds a master’s degree from the University of North Dakota. In addition to his work at Wilkinson Barker Knauer, LLP, Mr. Clark serves as a non-employee independent director on the Board of Directors of NorthWestern Energy Corporation. Having attained the rank of Eagle Scout in his youth, Mr. Clark has been a long-time volunteer with and supporter of the Boy Scouts of America.
Chief, Federal Regulatory Policy for PSEG
Larry Gasteiger was named chief, federal regulatory policy, Public Service Enterperise Group Incorpoated (PSEG) in October 2016.
Mr. Gasteiger served as Chief of Staff at FERC culminating a noteworthy 19-year tenure at FERC in which he held a variety of leadership roles. He previously served as the Acting Director of the Office of Enforcement from August 2014 to April 2015 after having served as the Deputy Director from 2009 to 2014. Before he joined the Office of Enforcement, Mr. Gasteiger was the Director of the Division of Tariffs and Market Development - East in the Office of Energy Market Regulation. Prior to that, he held several other positions at the Commission, including Deputy Associate General Counsel, Legal Advisor to Chairman Joseph T. Kelliher, and attorney in the FERC’s Solicitor's Office.
Before joining FERC in 1997, Mr. Gasteiger was an attorney in the General Counsel's Office at the Commodity Futures Trading Commission, and from 1989 to 1991 he served as a law clerk for the Honorable Edwin M. Kosik in the United States District Court for the Middle District of Pennsylvania.
Mr. Gasteiger is a graduate of the University of Pennsylvania and the Dickinson School of Law. He is a former Board Member of the Northeast Chapter of the Energy Bar Association and former Board Member and Secretary of the Saint Ambrose School.
Denver Managing Partner, Wilkinson Barker Knauer LLP
Raymond L. Gifford counsels communications, electric and gas utilities, and information technology companies on state and federal aspects of regulation, administrative law, and competition policy. He is an expert in public utilities law, and the law and economics of regulation of network industries. Mr. Gifford’s law and policy work focuses on the convergence of broadband communications and energy, as well as environmental policy as it applies to the electric industry. He represents clients in state and federal courts and agencies, and serves as an expert witness on utility regulation and its history. He is also a Senior Adjunct Fellow at the Silicon Flatirons Center for Law, Technology and Entrepreneurship, and Co-Directs the Institute for Regulatory Law & Economics at University of Colorado Law School.
Mr. Gifford served as Chairman of the Colorado Public Utilities Commission from 1999-2003. Following that, he served as President of The Progress & Freedom Foundation, a Washington DC-based think-tank that studied the digital revolution as it relates to regulation of network industries. He entered the regulatory law world as First Assistant Attorney General in the Colorado Attorney General’s Office. He clerked for the Honorable Richard P. Matsch of the United States District Court for the District of Colorado. Mr. Gifford has authored a number of articles on communications law, public utility regulation and competition policy in network industries. He is a graduate of University of Chicago Law School and St. John’s College in Annapolis, Maryland. He is an elected member of the American Law Institute
Research Director, Harvard Electricity Policy Group, Raymond Pla, Harvard University
William W. Hogan, Raymond Plank Professor of Global Energy Policy, is research director of the Harvard Electricity Policy Group (HEPG), which is examining alternative strategies for a more competitive electricity market, and a member of the Appointments Committee. Prof. Hogan has been a member of the faculty of Stanford University where he founded the Energy Modeling Forum (EMF), and he is a past president of the International Association for Energy Economics (IAEE). Current research focuses on major energy industry restructuring, network pricing and access issues, market design, and energy policy in nations worldwide. Prof. Hogan received his undergraduate degree from the U.S. Air Force Academy and his PhD from UCLA. Selected papers are available on his Web site, www.whogan.com.
Acting FERC Chairman, Federal Energy Regulatory Commission
Acting Chairman Cheryl A. LaFleur was first nominated by President Barack Obama to the Federal Energy Regulatory Commission in 2010 and was confirmed for a second term by the Senate in 2014. On January 23, 2017 she was appointed Acting Chairman by President Donald Trump. She was previously appointed by President Barack Obama to serve as Acting Chairman of the Commission from November 2013 to July 2014 and as Chairman from July 2014 until April 2015.
Acting Chairman LaFleur is honored to be a member of the Commission at a time when the nation is making substantial changes in its energy supply and infrastructure to meet environmental challenges and improve reliability and security. Since she joined the Commission, her priorities have included reliability and grid security, promoting regional transmission planning, and supporting a clean and diverse power supply. She is a member of the NARUC Committees on Electricity and Critical Infrastructure and was co-chair of the FERC/NARUC Forum on Reliability and the Environment. She is a frequent speaker on energy issues.
Prior to joining the Commission in 2010, Acting Chairman LaFleur had more than 20 years’ experience as a leader in the electric and natural gas industry. She served as executive vice president and acting CEO of National Grid USA, responsible for the delivery of electricity to 3.4 million customers in the Northeast. Her previous positions at National Grid USA and its predecessor New England Electric System included chief operating officer, president of the New England distribution companies and general counsel. She led major efforts to improve reliability and employee safety. Earlier in her career, she was responsible for leading award-winning conservation and demand response programs for customers.
Acting Chairman LaFleur has been a nonprofit board member and leader, including as a trustee of Beth Israel Deaconess Medical Center, Worcester Polytechnic Institute, United Way of Central Massachusetts, and several other organizations. She is also active in a number of women’s energy organizations.
Acting Chairman LaFleur was named Woman of the Year by the Women’s Council on Energy and the Environment in 2015. In 2014, the Northeast Energy and Commerce Association presented her with its Vanguard Award for her long-time leadership in the development of competitive power markets. She received a Bipartisan Congressional Award in 2013 for her work on grid reliability. She has also been honored by the Greater Boston Chamber of Commerce and the YWCA of Central Massachusetts, among others.
Acting Chairman LaFleur began her career as an attorney at Ropes and Gray in Boston. She has a J.D. from Harvard Law School, where she was an editor of the Harvard Law Review, and an A.B. from Princeton University. A native of Massachusetts, she is married to William Kuncik, a retired attorney, and they are the parents of two grown children.
Senior Vice President for Government and Regulatory Affairs, Calpine Corp.
Mr. Steven Schleimer has been Senior Vice President of Government and Regulatory Affairs at Calpine Corp. since January 1, 2014. Mr. Schleimer served as a Vice President of Government and Regulatory Affairs for Calpine’s North Region since 2010. From 2006 to 2010, Mr. Schleimer served as Vice President at Barclays Capital in New York and was responsible for market design and regulatory issues. Prior to that, he had served as Calpine’s Vice President of Market and Regulatory Affairs in the West Region from 2000 to 2006. Mr. Schleimer spent the first 12 years of his career at Pacific Gas and Electric Company. He earned a master’s degree and a bachelor’s degree, with highest honors, in Economics from the University of California at Santa.
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.
Professor of Law, Vermont Law School
John Echeverria is a Professor of Law at Vermont Law School where he teaches Property, Public Law and a wide range of environmental and natural resource law courses. Prior to joining the Vermont Law School faculty in 2009, he served for 12 years as Executive Director of the Georgetown Environmental Law & Policy Institute at Georgetown University Law Center. He also was General Counsel of the National Audubon Society and General Counsel and Conservation Director of American Rivers, Inc., and was an Associate for four years in the Washington, D.C. office of Hughes, Hubbard & Reed. He served for one year as law clerk to the Honorable Gerhard A. Gesell of the U.S. District Court for the District of Columbia immediately after graduating from law school.
Professor Echeverria has written several books and numerous scholarly articles on environmental and natural resource law topics. He has published pieces for more general audiences in The New York Times, The Washington Post, and The Christian Science Monitor. He has represented state and local governments, environmental organizations, and planning groups in a variety of legal matters at all levels of the federal and state court systems. In 2007, Professor Echeverria received the Jefferson Fordham Advocacy Award from the American Bar Association to recognize outstanding excellence within the area of state and local government law over a lifetime of achievement. In addition to teaching at Vermont Law School, he has served as a Visiting Professor at Harvard Law School and Georgetown University Law Center.
Professor Echeverria received a JD degree from the Yale Law School. He received a Master’s degree from the Yale School of Forestry and Environmental Studies as well as a BA degree from Yale College (summa cum laude).
U.S. Court of Appeals, 10th Circuit
Allison Hartwell Eid is a judge on the United States Court of Appeals for the 10th Circuit. She joined the court in 2017 after a nomination from President Donald Trump.
Prior to her service on the Tenth Circuit, Judge Eid was a justice on the Colorado Supreme Court. She was the 95th justice to serve on the court, serving from 2006 to 2017. Before joining the Court, Judge Eid was the Solicitor General of the State of Colorado, serving as the chief legal officer to the Colorado Attorney General and representing Colorado officials and agencies in state and federal court. She was also a tenured Associate Professor of Law at the University of Colorado School of Law, teaching Constitutional Law, Legislation, and Torts, and writing on the topic of constitutional federalism.
Prior to joining the faculty of the University of Colorado School of Law, Judge Eid practiced commercial and appellate litigation with the Denver office of the national law firm of Arnold & Porter. She clerked for the Honorable Clarence Thomas, Associate Justice of the United States Supreme Court, and for Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston, Texas.
Judge Eid earned her bachelor’s degree in American Studies (With Distinction and Phi Beta Kappa) from Stanford University in 1987. She then served as a Special Assistant and Speechwriter to U.S. Secretary of Education William J. Bennett. In 1991, she graduated with High Honors from The University of Chicago Law School, where she was Articles Editor of The University of Chicago Law Review and was elected to the Order of the Coif. In 2002, President George W. Bush appointed her to serve on the Permanent Committee for the Oliver Wendell Holmes Devise, established by Congress in 1955 to prepare the history of the U.S. Supreme Court. She is a member of the American Law Institute and studied comparative law in London as a Temple Bar Scholar.
Judge Eid grew up in Spokane, Washington. She and her husband Troy, an attorney, have two children.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
William T. Comfort, III Professor of Law, New York University School of Law
Roderick Hills teaches and writes in public law areas, including constitutional law, local government law, land-use regulation, administrative law, and statutory interpretation. His focus in each area is on the rules and policies governing division of powers between central and subcentral governments. He holds bachelor’s and law degrees from Yale University. Following law school, he served as a law clerk for Judge Patrick Higginbotham of the US Court of Appeals for the Fifth Circuit and practiced law in Colorado. Hills previously taught at the University of Michigan Law School from 1994 to 2006. He is a member of the state bar of New York and the U.S. Supreme Court.
Partner, Cooper & Kirk PLLC
Adam Paul Laxalt is a partner at Cooper & Kirk which he joined in March 2019. Mr. Laxalt served as Nevada’s 33rd Attorney General from 2015-2019. Mr. Laxalt graduated Magna Cum Laude from Georgetown University and also graduated from Georgetown University Law Center. He is a former Navy and Iraq War veteran. Mr. Laxalt also served as an Assistant Professor of Law at the U.S. Naval Academy.
As Nevada’s Attorney General and top law-enforcement officer, Mr. Laxalt supervised all criminal and civil matters for Nevada’s largest law office. He provided strategic direction and supervision of almost 400 employees, thousands of legal matters, and nearly 50 trials. Mr. Laxalt served as chief legal counsel for the state of Nevada, as well as to Constitutional Officers, state agencies, boards, and commissions. He managed approximately $1.2 billion in potential civil liabilities for the state.
As a former member of the military, Laxalt’s support of service members culminated in the creation of the Office of Military Legal Assistance, a first-of-its-kind program that provides Nevada’s military members with free legal representation. The program was recently named a “Best Practice Program” by the Department of Defense with a recommendation for duplication in states throughout the country, and to date, has helped military personnel and veterans handle over 210 pro bono matters.
Consistent with his commitment to defending our nation’s constitutional principles and protecting the important role of the States in our federalist system of government, Laxalt created Nevada’s first ever Federalism Unit within the Attorney General’s Office. To protect the interests of Nevadans, the Federalism Unit has challenged multiple occasions of unlawful federal overreach, including the Environmental Protection Agency’s Waters of the United States Rule, the Bureau of Land Management’s Sage Grouse Plan, and other instances of unilateral federal executive orders. The Unit has also filed friend of the court briefs on many important issues including public roads, Environmental Protection Agency overreach, federal interference with Nevada’s criminal justice system and Second Amendment issues.
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.
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.
Professor of Law, Vermont Law School
John Echeverria is a Professor of Law at Vermont Law School where he teaches Property, Public Law and a wide range of environmental and natural resource law courses. Prior to joining the Vermont Law School faculty in 2009, he served for 12 years as Executive Director of the Georgetown Environmental Law & Policy Institute at Georgetown University Law Center. He also was General Counsel of the National Audubon Society and General Counsel and Conservation Director of American Rivers, Inc., and was an Associate for four years in the Washington, D.C. office of Hughes, Hubbard & Reed. He served for one year as law clerk to the Honorable Gerhard A. Gesell of the U.S. District Court for the District of Columbia immediately after graduating from law school.
Professor Echeverria has written several books and numerous scholarly articles on environmental and natural resource law topics. He has published pieces for more general audiences in The New York Times, The Washington Post, and The Christian Science Monitor. He has represented state and local governments, environmental organizations, and planning groups in a variety of legal matters at all levels of the federal and state court systems. In 2007, Professor Echeverria received the Jefferson Fordham Advocacy Award from the American Bar Association to recognize outstanding excellence within the area of state and local government law over a lifetime of achievement. In addition to teaching at Vermont Law School, he has served as a Visiting Professor at Harvard Law School and Georgetown University Law Center.
Professor Echeverria received a JD degree from the Yale Law School. He received a Master’s degree from the Yale School of Forestry and Environmental Studies as well as a BA degree from Yale College (summa cum laude).
U.S. Court of Appeals, 10th Circuit
Allison Hartwell Eid is a judge on the United States Court of Appeals for the 10th Circuit. She joined the court in 2017 after a nomination from President Donald Trump.
Prior to her service on the Tenth Circuit, Judge Eid was a justice on the Colorado Supreme Court. She was the 95th justice to serve on the court, serving from 2006 to 2017. Before joining the Court, Judge Eid was the Solicitor General of the State of Colorado, serving as the chief legal officer to the Colorado Attorney General and representing Colorado officials and agencies in state and federal court. She was also a tenured Associate Professor of Law at the University of Colorado School of Law, teaching Constitutional Law, Legislation, and Torts, and writing on the topic of constitutional federalism.
Prior to joining the faculty of the University of Colorado School of Law, Judge Eid practiced commercial and appellate litigation with the Denver office of the national law firm of Arnold & Porter. She clerked for the Honorable Clarence Thomas, Associate Justice of the United States Supreme Court, and for Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit in Houston, Texas.
Judge Eid earned her bachelor’s degree in American Studies (With Distinction and Phi Beta Kappa) from Stanford University in 1987. She then served as a Special Assistant and Speechwriter to U.S. Secretary of Education William J. Bennett. In 1991, she graduated with High Honors from The University of Chicago Law School, where she was Articles Editor of The University of Chicago Law Review and was elected to the Order of the Coif. In 2002, President George W. Bush appointed her to serve on the Permanent Committee for the Oliver Wendell Holmes Devise, established by Congress in 1955 to prepare the history of the U.S. Supreme Court. She is a member of the American Law Institute and studied comparative law in London as a Temple Bar Scholar.
Judge Eid grew up in Spokane, Washington. She and her husband Troy, an attorney, have two children.
Milton R. Underwood Professor of Law Emeritus and Professor of History Emeritus, Vanderbilt University
James Ely is a renowned legal historian and property rights expert whose career accomplishments were recognized with both the Brigham-Kanner Property Rights Prize and the Owner's Counsel of American Crystal Eagle Award in 2006. He is the author of several books that have received widespread critical acclaim from legal scholars and historians, including The Guardian of Every Other Right: A Constitutional History of Property Rights, The Fuller Court: Justices, Rulings and Legacy in which he examines the work of the Supreme Court between 1888 and 1910, Railroads and American Law in which he systematically explores the way that the rise of the railroad shaped American legal culture, and The Contract Clause: A Constitutional History. He also is the author of numerous articles dealing with the rights of property owners. He served as an editor of both the Oxford Companion to the Supreme Court, and the second edition of the Oxford Guide to Supreme Court Decisions. Professor Ely received the Tennessee History Book Award in 2002 for A History of the Tennessee Supreme Court. Between 1987 and 1999, he served as an associate editor of the American Journal of Legal History. Since Professor Ely joined Vanderbilt faculty in 1972, he has been frequently recognized by students as one of the law school's outstanding teachers.
William T. Comfort, III Professor of Law, New York University School of Law
Roderick Hills teaches and writes in public law areas, including constitutional law, local government law, land-use regulation, administrative law, and statutory interpretation. His focus in each area is on the rules and policies governing division of powers between central and subcentral governments. He holds bachelor’s and law degrees from Yale University. Following law school, he served as a law clerk for Judge Patrick Higginbotham of the US Court of Appeals for the Fifth Circuit and practiced law in Colorado. Hills previously taught at the University of Michigan Law School from 1994 to 2006. He is a member of the state bar of New York and the U.S. Supreme Court.
Partner, Cooper & Kirk PLLC
Adam Paul Laxalt is a partner at Cooper & Kirk which he joined in March 2019. Mr. Laxalt served as Nevada’s 33rd Attorney General from 2015-2019. Mr. Laxalt graduated Magna Cum Laude from Georgetown University and also graduated from Georgetown University Law Center. He is a former Navy and Iraq War veteran. Mr. Laxalt also served as an Assistant Professor of Law at the U.S. Naval Academy.
As Nevada’s Attorney General and top law-enforcement officer, Mr. Laxalt supervised all criminal and civil matters for Nevada’s largest law office. He provided strategic direction and supervision of almost 400 employees, thousands of legal matters, and nearly 50 trials. Mr. Laxalt served as chief legal counsel for the state of Nevada, as well as to Constitutional Officers, state agencies, boards, and commissions. He managed approximately $1.2 billion in potential civil liabilities for the state.
As a former member of the military, Laxalt’s support of service members culminated in the creation of the Office of Military Legal Assistance, a first-of-its-kind program that provides Nevada’s military members with free legal representation. The program was recently named a “Best Practice Program” by the Department of Defense with a recommendation for duplication in states throughout the country, and to date, has helped military personnel and veterans handle over 210 pro bono matters.
Consistent with his commitment to defending our nation’s constitutional principles and protecting the important role of the States in our federalist system of government, Laxalt created Nevada’s first ever Federalism Unit within the Attorney General’s Office. To protect the interests of Nevadans, the Federalism Unit has challenged multiple occasions of unlawful federal overreach, including the Environmental Protection Agency’s Waters of the United States Rule, the Bureau of Land Management’s Sage Grouse Plan, and other instances of unilateral federal executive orders. The Unit has also filed friend of the court briefs on many important issues including public roads, Environmental Protection Agency overreach, federal interference with Nevada’s criminal justice system and Second Amendment issues.
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.
Director, Commercial Freedom; Senior Fellow, R Street Institute
C. Jarrett Dieterle researches and writes on regulatory affairs, alcohol policy, occupational licensing and other commercial freedom issues. He also oversees the Institute’s postal, labor and disintermediation policy programs.
Jarrett previously worked as a regulatory attorney at a Washington law firm. In that role, he advised private companies on how to navigate complex regulatory regimes and helped them challenge overreaching regulations. He also practiced appellate advocacy, co-authoring several Supreme Court amicus briefs. He previously clerked for a federal judge on the U.S. Court of Federal Claims, and has worked and written for numerous policy organizations and think tanks such as the Reason Foundation, Manhattan Institute, Mackinac Center, Federalist Society, Institute for Justice, Atlantic Legal Foundation and the Washington Legal Foundation.
Jarrett earned his bachelor’s from the University of Richmond, with a major in political science and minor in economics. He received his juris doctor from Georgetown University Law Center.
Jarrett currently lives in Richmond, Virginia with his wife, Maria, and their Australian shepherd, Pepper.
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.
State ‘Around Market’ Action and FERC: The End of Competitive Wholesale Electric Markets?
Anthony T. Clark, Larry Gasteiger, Raymond L. Gifford, William W. Hogan, Cheryl A. LaFleur, Steven Schleimer
Telecommunications & Electronic Media and Environmental Law & Property Rights Practice Groups
For the past two decades, the U.S. has experimented with “market”-based competitive wholesale electric markets. ...
Environmental Law & Property Rights: Justice Scalia's Property Rights Jurisprudence
Jeffrey Bossert Clark, John D. Echeverria, Allison H. Eid, James W. Ely, Roderick M. Hills, Adam P. Laxalt, Ilya Somin
2016 National Lawyers Convention
In his nearly 30 years on the Court, Justice Scalia left a profound mark on...
Environmental Law & Property Rights: Justice Scalia's Property Rights Jurisprudence
Jeffrey Bossert Clark, John D. Echeverria, Allison H. Eid, James W. Ely, Roderick M. Hills, Adam P. Laxalt, Ilya Somin
2016 National Lawyers Convention
In his nearly 30 years on the Court, Justice Scalia left a profound mark on...
The Sandbagging Phenomenon: How Governments Lower Eminent Domain Appraisals to Punish Landowners
Jarrett Dieterle
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses a controversial practice known as “sandbagging” in eminent...
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...
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...
Topics
The Rise of Zoning and the Decline of Affordable Housing
The New York Times recently published a series of infographics demonstrating the extent to...
Topics
"The beautiful neighborhoods we could never build again"
To commemorate the 100-year anniversary of the nation’s first zoning code, the New York Times...
Topics
Eminent domain abuse
Recent developments last week show that the government will threaten eminent domain to prevent the lawful...