Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the inaugural Laurence A. Tisch Professor of Law at NYU School of Law. Prior to his joining the faculty, he was a visiting law professor at NYU from 2007 through 2009. He served as the Peter and Kirstin Bedford Senior Fellow at the Hoover Institution from 2000 to 2024. Since 2024 to the present he is a senior lecturer at the Civitas Institute at the University of Texas—Austin. Epstein is also the James Parker Hall Distinguished Service Professor of Law Emeritus and a senior lecturer at the University of Chicago. His initial law school appointment was at the University of Southern California from 1968 to 1972. Epstein received an LL.D., h.c. from the University of Ghent, 2003. He has been a member of the American Academy of Arts and Sciences since 1985 and was a Senior Fellow of the Center for Clinical Medical Ethics at the University of Chicago Division of Biological Sciences, also from 1983. to 2022 He served as editor of the Journal of Legal Studies from 1981 to 1991, and of the Journal of Law and Economics from 1991-2001. From 2001 to 2010 he was a director of the John M. Olin Program in Law and Economics at the University of Chicago.
His newest book, The Myth of Birthright Citizenship: What the Fourteenth Amendment Really Says was published in 2026 (Encounter Books). Prior to that he has published many books including, The Dubious Morality of the Modern Administrative State (Roman & Littlefield 2020).Earlier he published th Classical Liberal Constitution: The Uncertain Quest for Limited Government (Harvard 2014) iHis previous books include Design for Liberty: Private Property, Public Administration and the Rule of Law (Harvard 2011); The Case Against the Employee Free Choice Act (Hoover 2009); Supreme Neglect: How to Revive the Constitutional Protection of Property Rights (Oxford 2008); Antitrust Decrees in Theory and Practice: Why Less is More (AEI 2007); Overdose: How Excessive Government Regulation Stifles Pharmaceutical Innovation (Yale University Press. 2006); How Progressives Rewrote the Constitution (Cato 2006); Cases and Materials on Torts (Aspen Law & Business; 8th ed. 2004); Skepticism and Freedom: A Modern Case for Classical Liberalism (University of Chicago, 2003); Torts (Aspen Law & Business 1999); Principles for a Free Society: Reconciling Individual Liberty with the Common Good (Perseus Books, 1998): Mortal Peril: Our Inalienable Rights to Health Care (Addison-Wesley, 1997); Simple Rules for a Complex World (Harvard, 1995); Bargaining With the State (Princeton, 1993); Forbidden Grounds: The Case Against Employment Discrimination Laws (Harvard , 1992); Takings: Private Property and the Power of Eminent Domain (Harvard, 1985); and Modern Products Liability Law (Greenwood Press, 1980). He has also edited(with Catherine M. Sharkey) Cases and Materials on the Law of Torts (10th edition 2012).
Professor Epstein has written numerous articles on a wide range of legal and interdisciplinary subjects. He has taught courses in administrative law, antitrust law, civil procedure, communications, constitutional law, contracts, corporations, criminal law, employment discrimination law, environmental law, food and drug law health law and policy, legal history, labor law, property, real estate development and finance, jurisprudence, labor law; land use planning, patents, individual, estate and corporate taxation, Roman Law; torts, and workers' compensation.
Professor Epstein also writes a regular column for Civitas Institute, which also sponsors his podcast, The Libertarian with Charles C.W. Cooke, and Law Talk, with Cooke and John Yoo. He also does a podcast with John Batchelor. And appears regularly on the Freedom File with Judge Andrew Napolitano.
Emmett Visiting Assistant Clinical Professor of Law in Environmental Law, Harvard Law School
Andrew Mergen is a Visiting Assistant Clinical Professor of Law and Faculty Director of the Emmett Environmental Law & Policy Clinic. Prior to joining the Harvard Law School faculty, Andrew Mergen served in the Appellate Section of the Environment & Natural Resources Division (ENRD) at the United States Department of Justice. Professor Mergen began his career at the Justice Department in the Honors Program and concluded his career as Chief of ENRD’s Appellate Section. He has presented oral arguments in all 13 federal courts of appeals, including two en banc courts, and before several state intermediate and supreme courts. He has also worked on over a dozen merits cases in the Supreme Court of the United States. In addition, in 2009, Professor Mergen assisted the Office of White House Counsel on the confirmation of the Honorable Sonia Sotomayor as Associate Justice of the Supreme Court. During his career at the Justice Department, Professor Mergen received the Attorney General’s Award for Distinguished Service three times. He also received ENRD’s Muskee-Chafee Award, honoring his work’s significant contribution to protecting the environment.
Before entering clinical teaching, Professor Mergen taught at several law schools including, Harvard Law School (Advanced Environmental Law), the University of Michigan Law School (Natural Resources Law) and the William S. Richardson School of Law, University of Hawaii-Manoa (Administrative Law). Professor Mergen has written about federal water rights in “A Misplaced Sensitivity: The Draft Opinions in Wyoming v. United States” (68 Colo. L. Rev. 683 (1997), with Sylvia F. Liu); energy development on public lands in “Surface Tension: The Problem of Federal Private Split Estates” (33 Land & Water L. Rev. 419 (1998)); climate change and the Endangered Species Act in “The Role of Climate Change in ESA Listing Decisions” (53 Rocky Mt. Min. L. Fdn. 67 (2016), with Murray Feldman) and the accommodation of Native American sacred sites on federal land in “Finding the Path Forward for Indigenous Sacred and Cultural Spaces on Federal Public Land,” 68 Nat. Resources & Energy L. Inst. 32-1 (2022). Professor Mergen is a graduate of the University of Wisconsin—Madison and the George Washington University Law School.
Robert F. Stanton Professor of Law, University of Maryland Carey School of Law
Robert V. Percival is the Robert F. Stanton Professor of Law and the Director of the Environmental Law Program at the University of Maryland School of Law. He received a B.A. summa cum laude from Macalester College, a J.D. from Stanford Law School and an M.A. in economics from Stanford University. At Stanford Percival was named the Nathan Abbott Scholar for graduating first in his law school class. Following graduation, he served as a law clerk for Judge Shirley M. Hufstedler of the U.S. Court of Appeals for the Ninth Circuit and for U.S. Supreme Court Justice Byron R. White. He joined the Maryland faculty in 1987 after serving as a senior attorney for the Environmental Defense Fund. Percival has served as a visiting professor of law at Harvard Law School, Georgetown University Law Center, the China University of Political Science and Law (Beijing), and Comenius University (Bratislava). He is the principal author of a leading environmental law casebook, now in its 9th edition, and the author of several articles about the Supreme Court and presidential authority over executive agencies. Percival wrote one of the first articles on the propriety of consent decrees to effectuate and enforce federal law “The Bounds of Consent: Consent Decrees, Settlements and Federal Environmental Policymaking,” 1987 Univ. Chic. Leg. F. 327 (1987). He also is the author of the first comprehensive analyses of what the papers of the late Justices Thurgood Marshall and Harry Blackmun reveal about the Supreme Court’s handling of environmental cases (“Environmental Law in the Supreme Court: Highlights from the Blackmun Papers,” 35 ELR 10637 (2005), and “Environmental Law in the Supreme Court: Highlights from the Marshall Papers,” 13 ELR 10606 (Oct. 1993)).
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.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
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.
Professor of Law, Antonin Scalia Law School, George Mason University
Eric R. Claeys is Professor of Law at the Antonin Scalia Law School, George Mason University. He has written widely in the fields of property, private law, and constitutional law. Professor Claeys’s current research interests focus on flourishing- and labor-based natural rights justifications for property—in American property theory, in intellectual property, and in contemporary regulation of shale gas exploration and hydraulic fracturing. He is a member of the American Law Institute, he serves on the ALI’s Members’ Consultative Group for the first Restatement of Copyright, and he also serves as an adviser to the Restatement (Fourth) of the Law of Property.
Professor Claeys received his JD from the University of Southern California Gould School of Law. He received his AB from Princeton University, and he is a former visiting fellow and current member of Princeton’s Politics Department’s James Madison Program in American Ideals and Institutions. After law school, Professor Claeys clerked for the Hon. Melvin Brunetti, U.S. Court of Appeals for the Ninth Circuit, and the Hon. William H. Rehnquist, Chief Justice of the United States.
Professor Claeys’s main teaching interests include Property, Torts, Jurisprudence, and Intellectual Property. In recent years, he has also taught Water Law, Remedies, Estates and Trusts, Trade Secrecy, Constitutional Law, Torts, and Oil and Gas law. Spring 2018, he is teaching Torts and Jurisprudence as a Visiting Professor at Harvard Law School.
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.
Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law
Sam Kalen joined the University of Wyoming College of Law faculty in 2009, and he is the William T. Schwartz Distinguished Professor of Law and Associate Dean, as well as the founder and co-director of the School’s Center for Law and Energy Resources in the Rockies. Sam earned his B.A. from Clark University in Worcester, Mass., his J.D. from Washington University School of Law in St. Louis, and he spent a year studying legal history and constitutional thought in a PhD program at the University of Virginia. Before joining UW, Sam taught as a visitor or adjunct at a number of other law schools, he also served in the Solicitor’s Office at the Department of the Interior during the Clinton administration, and he practiced for many years with a Washington, D.C., law firm. Immediately after law school, he clerked at the Missouri Supreme Court.
Sam is passionate about teaching and writing in a variety of areas that impact environmental, public lands and natural resources, energy, and administrative law. He spent years practicing in each of these areas, including working with Indigenous Peoples and Tribal Nations, and attempts to explore these areas in both the classroom and in his scholarship. He is the author and co-author of numerous law review articles, including one that was cited and quoted in a Supreme Court opinion. His most recent law review article appeared in Maryland Law Review, on "Public Land Management’s Future Place: Envisioning a Paradigm Shift" (Vol 82, page 240, 2023). He also is a co-author of the American Bar Association’s Endangered Species Basic Practice Series book (2nd edition), a co-author of Natural Resources Law and Policy (3rd ed. Foundation Press), and a co-author Energy Follies: Missteps, Fiascos, and Successes of America’s Energy Policy (Cambridge U. Press 2018).
Sam alternates teaching a variety of courses, including Environmental Law, Administrative Law, Legislation, Legal History, Public Lands & Natural Resources, Energy Law, Energy & Climate Law & Policy, and Indian Law. He also has taught field courses, including courses exploring energy and natural resource issues in Wyoming, as well as a course on Public Lands and Natural Resources in Grand Teton National Park. Professor Kalen also has worked collaboratively with the University’s Haub School of Environment and Natural Resources.
Partner, Baker Botts LLP
Drawing from two decades of experience in senior government, in-house corporate, and private law firm roles, Jeff Wood helps clients with federal enforcement, compliance, litigation, permitting, and policy challenges primarily in the energy and environmental fields.
Prior to joining Baker Botts, Mr. Wood served for almost two years as the Acting Assistant Attorney General (AAG) for the Justice Department's Environment and Natural Resources Division (ENRD). In that capacity, Mr. Wood led ENRD and its more than 600 attorneys and staff representing EPA, Departments of the Interior, Energy, and Defense, and other agencies in civil and criminal enforcement and defensive environmental, energy, and natural resources litigation.
As the top official in ENRD, Mr. Wood managed a complex organization with an annual budget exceeding $200 million and a docket of more than 6,000 cases and matters. E&E News noted that “Wood maintains a strong relationship with ENRD's career staff” (Greenwire, Oct. 31, 2018). He previously served on the staff of the United States Senate Committee on Environment and Public Works.
At the Justice Department, Mr. Wood oversaw the Division's civil and criminal enforcement programs and was responsible for developing legal strategies and approving briefs in key cases including filings before the Supreme Court and Courts of Appeals in coordination with the Office of Solicitor General. In this role, Mr. Wood held the highest level security clearance and worked closely with top leadership at DOJ, EPA, the Interior Department, USDA, the Energy Department, Transportation Department, FERC, NRC and across the Executive Branch, including the White House.
With many years of both private law firm and in-house legal experience, Mr. Wood has handled complex environmental enforcement, regulatory, policy, and litigation matters for electric utilities, energy companies, maritime companies, mining companies, real estate developers, financial institutions, industrial companies and manufacturers, business coalitions, associations, small businesses, and individual property owners. Drawing from his experiences in-house, Mr. Wood brings a common-sense, cost-effective, client-focused approach to his work every day.
With a strong national reputation, Mr. Wood is a frequent speaker on environmental law and policy matters, with recent speeches and presentations at the Environmental Law Institute, Harvard Law School, Vanderbilt Law School, American University Law School, American Bar Association Environmental Law Conferences, the Texas Environmental SuperConference, Air Force Judge Advocate General School's Advanced Environmental Law Course, Baker Institute's Center for Energy Studies (Rice University), and many other venues. He frequently appears in national news to share insights on significant environmental law and policy issues, including recent quotes in the New York Times, Washington Post, Wall Street Journal, Bloomberg, Law360, and E&E News, among others.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
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.
Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law
Sam Kalen joined the University of Wyoming College of Law faculty in 2009, and he is the William T. Schwartz Distinguished Professor of Law and Associate Dean, as well as the founder and co-director of the School’s Center for Law and Energy Resources in the Rockies. Sam earned his B.A. from Clark University in Worcester, Mass., his J.D. from Washington University School of Law in St. Louis, and he spent a year studying legal history and constitutional thought in a PhD program at the University of Virginia. Before joining UW, Sam taught as a visitor or adjunct at a number of other law schools, he also served in the Solicitor’s Office at the Department of the Interior during the Clinton administration, and he practiced for many years with a Washington, D.C., law firm. Immediately after law school, he clerked at the Missouri Supreme Court.
Sam is passionate about teaching and writing in a variety of areas that impact environmental, public lands and natural resources, energy, and administrative law. He spent years practicing in each of these areas, including working with Indigenous Peoples and Tribal Nations, and attempts to explore these areas in both the classroom and in his scholarship. He is the author and co-author of numerous law review articles, including one that was cited and quoted in a Supreme Court opinion. His most recent law review article appeared in Maryland Law Review, on "Public Land Management’s Future Place: Envisioning a Paradigm Shift" (Vol 82, page 240, 2023). He also is a co-author of the American Bar Association’s Endangered Species Basic Practice Series book (2nd edition), a co-author of Natural Resources Law and Policy (3rd ed. Foundation Press), and a co-author Energy Follies: Missteps, Fiascos, and Successes of America’s Energy Policy (Cambridge U. Press 2018).
Sam alternates teaching a variety of courses, including Environmental Law, Administrative Law, Legislation, Legal History, Public Lands & Natural Resources, Energy Law, Energy & Climate Law & Policy, and Indian Law. He also has taught field courses, including courses exploring energy and natural resource issues in Wyoming, as well as a course on Public Lands and Natural Resources in Grand Teton National Park. Professor Kalen also has worked collaboratively with the University’s Haub School of Environment and Natural Resources.
Partner, Baker Botts LLP
Drawing from two decades of experience in senior government, in-house corporate, and private law firm roles, Jeff Wood helps clients with federal enforcement, compliance, litigation, permitting, and policy challenges primarily in the energy and environmental fields.
Prior to joining Baker Botts, Mr. Wood served for almost two years as the Acting Assistant Attorney General (AAG) for the Justice Department's Environment and Natural Resources Division (ENRD). In that capacity, Mr. Wood led ENRD and its more than 600 attorneys and staff representing EPA, Departments of the Interior, Energy, and Defense, and other agencies in civil and criminal enforcement and defensive environmental, energy, and natural resources litigation.
As the top official in ENRD, Mr. Wood managed a complex organization with an annual budget exceeding $200 million and a docket of more than 6,000 cases and matters. E&E News noted that “Wood maintains a strong relationship with ENRD's career staff” (Greenwire, Oct. 31, 2018). He previously served on the staff of the United States Senate Committee on Environment and Public Works.
At the Justice Department, Mr. Wood oversaw the Division's civil and criminal enforcement programs and was responsible for developing legal strategies and approving briefs in key cases including filings before the Supreme Court and Courts of Appeals in coordination with the Office of Solicitor General. In this role, Mr. Wood held the highest level security clearance and worked closely with top leadership at DOJ, EPA, the Interior Department, USDA, the Energy Department, Transportation Department, FERC, NRC and across the Executive Branch, including the White House.
With many years of both private law firm and in-house legal experience, Mr. Wood has handled complex environmental enforcement, regulatory, policy, and litigation matters for electric utilities, energy companies, maritime companies, mining companies, real estate developers, financial institutions, industrial companies and manufacturers, business coalitions, associations, small businesses, and individual property owners. Drawing from his experiences in-house, Mr. Wood brings a common-sense, cost-effective, client-focused approach to his work every day.
With a strong national reputation, Mr. Wood is a frequent speaker on environmental law and policy matters, with recent speeches and presentations at the Environmental Law Institute, Harvard Law School, Vanderbilt Law School, American University Law School, American Bar Association Environmental Law Conferences, the Texas Environmental SuperConference, Air Force Judge Advocate General School's Advanced Environmental Law Course, Baker Institute's Center for Energy Studies (Rice University), and many other venues. He frequently appears in national news to share insights on significant environmental law and policy issues, including recent quotes in the New York Times, Washington Post, Wall Street Journal, Bloomberg, Law360, and E&E News, among others.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
What Does "New" Mean? Agency Action Post-Chevron
Jonathan Brightbill, Richard A. Epstein, Andrew Mergen, Robert V. Percival
Last term, the Supreme Court handed down its ruling in Loper Bright Enterprises v. Raimondo. ...
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Florida and EPA Defend Clean Water Act Permit Program in the D.C. Circuit
In its report last month on The Biggest Enviro Cases To Watch In 2024, Law360 identified...
Talks with Authors: Nowhere to Live: The Hidden Story of America's Housing Crisis
James S. Burling, Eric R. Claeys
In Nowhere to Live: The Hidden Story of America’s Housing Crisis, author James Burling describes...
Talks with Authors: Nowhere to Live: The Hidden Story of America's Housing Crisis
James S. Burling, Eric R. Claeys
In Nowhere to Live: The Hidden Story of America’s Housing Crisis, author James Burling describes...
The Public Lands Rule: Will A New “Conservation and Landscape Health” Paradigm for Federal Lands Survive Judicial Review?
James S. Burling, Sam Kalen, Jeffrey H. Wood, Jonathan Wood
The Bureau of Land Management (BLM) recently adopted comprehensive new land management regulations known as...
The Public Lands Rule: Will A New “Conservation and Landscape Health” Paradigm for Federal Lands Survive Judicial Review?
James S. Burling, Sam Kalen, Jeffrey H. Wood, Jonathan Wood
The Bureau of Land Management (BLM) recently adopted comprehensive new land management regulations known as...
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DOJ Can’t Prosecute AI for Price Fixing Unless There’s Price Fixing
Among the Biden administration’s attempts to lower the cost of living, actions addressing housing costs have been...
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Nowhere to Live?
In over 40 years of litigating environmental and property rights cases on behalf of small...
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Do Landlords Enjoy the Same Property Rights as the Rest of Us?
During the pandemic, cities, states, and the federal government rushed to stop landlords from evicting...
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Quibbling while the West burns
This year is shaping up to be a doozy for wildfires. Already, more acres have...