Professor of Law, Villanova University
Todd Aagaard joined the Villanova Law School faculty in 2008. He served as vice dean of the Law School from 2015 to 2019. His scholarship focuses on environmental law, energy law, and administrative law. His publications include Energy-Environment Policy Alignments, 90 Wash. L. Rev. 1517 (2015); Environmental Law Outside the Canon, 89 Ind. L.J. 1239 (2014); Environmental Harms, Use Conflicts, and Neutral Baselines in Environmental Law, 60 Duke L.J. 1505 (2011); Environmental Law as a Legal Field: An Inquiry in Legal Taxonomy, 95 Cornell L. Rev. 221 (2010); and Factual Premises of Statutory Interpretation in Agency Review Cases, 77 Geo. Wash. L. Rev. (2009). In addition, he is a co-author of Practicing Environmental Law, a practice-based environmental law casebook published in 2017 by Foundation Press.
Aagaard received his BA with honors from Pomona College, his MS from the University of Michigan School of Natural Resources and the Environment, and his JD magna cum laude from the University of Michigan Law School. While at Michigan, he was the editor-in-chief of the Michigan Law Review and an executive editor of the Michigan Journal of Race & Law. Following completion of his JD and MS degrees, he clerked for Second Circuit Judge Guido Calabresi, before joining the Environment and Natural Resources Division of the U.S. Department of Justice as an attorney in the Appellate Section. At the Justice Department, he briefed and argued civil and criminal cases in federal courts of appeals in the areas of environmental law, natural resources law, Indian law and administrative law.
Judge, United States Court of Appeals, Third Circuit
Judge Hardiman was appointed to the United States Court of Appeals for the Third Circuit on January 9, 2007 and was confirmed by the Senate (95-0) on March 15, 2007. Prior to becoming an appellate judge, Judge Hardiman served as a trial judge on the United States District Court for the Western District of Pennsylvania as of November 1, 2003. In 2008, Chief Justice John Roberts appointed Judge Hardiman to the Information Technology Committee of the Judicial Conference of the United States. Judge Hardiman was appointed Chairman of the IT Committee in 2013 and served in that capacity until September 2021. In 2021 he was appointed by the Director of the Administrative Office of the United States Courts to serve as Chair of the Judiciary IT Security Task Force, which completed its work in fall 2023. Chief Justice Roberts appointed Judge Hardiman to the Board of the Federal Judicial Center to serve from March 2020 until March 2024. As part of his work with the Center, Judge Hardiman now serves as Editor in Chief for the Manual for Complex Civil Litigation, Fifth.
Before entering judicial service, Judge Hardiman handled a wide variety of litigation matters in state and federal trial and appellate courts as a partner at Reed Smith LLP (1999-2003), a partner at Titus & McConomy LLP (1996-1999), and as an associate with its predecessor firm, Cindrich & Titus (1992-1996). Judge Hardiman began his legal career as an associate in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom (1990-1992).
A 1987 honors graduate of the University of Notre Dame, Judge Hardiman received his law degree in 1990 from the Georgetown University Law Center, where he served as a Notes and Comments Editor on the Georgetown Law Journal. In 2012, Judge Hardiman was elected as a member of the American Law Institute and was elected to its Council in 2019 and its Executive Committee in 2025. Judge Hardiman regularly teaches a seminar on Advanced Constitutional Law at Duquesne University School of Law and a one-week course entitled “Constitutional Law: the First and Second Amendments” at Georgetown University Law Center.
A native of Waltham, Massachusetts, Judge Hardiman has chambers in Pittsburgh, Pennsylvania. He and his wife Lori married in 1992 and have three children.
Commissioner, Federal Energy Regulatory Commission
Lindsay S. See joined the Federal Energy Regulatory Commission as a Commissioner in June 2024. Before her current role, Commissioner See served as the Solicitor General of West Virginia, where she managed appellate and high-stakes litigation for the State. With a particular focus on energy and administrative law, her work included leading multi-state and multi-interest coalitions on a variety of national issues. She argued twice before the U.S. Supreme Court, filed multi-state comments in dozens of agency rulemakings, and routinely appeared before the Supreme Court of Appeals of West Virginia and the federal courts of appeals.
Commissioner See previously practiced appellate and administrative law for several years with Gibson, Dunn & Crutcher in Washington, D.C. She graduated magna cum laude from Harvard Law School and clerked for the Hon. Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. Originally from Michigan, See now considers herself both a proud Michigander and Mountaineer.
Holland & Hart, Partner
On February 28, 2019, the U.S. Senate confirmed Andrew Wheeler as the fifteenth Administrator of the Environmental Protection Agency. President Donald J. Trump had announced his appointment as the Acting EPA Administrator on July 5, 2018. Mr. Wheeler had previously been confirmed by the U.S. Senate as the EPA Deputy Administrator on April 12, 2018.
Mr. Wheeler has dedicated his career to advancing sound environmental policies. He began his career during the George H. W. Bush Administration as a Special Assistant in EPA’s Pollution Prevention and Toxics office.
He was a Principal and the team leader of the Energy and Environment Practice Group at FaegreBD Consulting, as well as Counsel at Faegre Baker Daniels law firm, where he practiced since 2009. He also served as the Co-chair of the Energy and Natural Resources Industry team across the entire firm.
Prior to his work with the firm, Mr. Wheeler served for six years as the Majority Staff Director and Chief Counsel, as well as the Minority Staff Director, of the Senate Committee on Environment and Public Works. Before his time at the full Senate EPW Committee, Mr. Wheeler served in a similar capacity for six years for the Subcommittee on Clean Air, Climate Change, Wetlands and Nuclear Safety.
Mr. Wheeler is the past Chairman of the National Energy Resource Organization (NERO) and a Stennis Fellow. Mr. Wheeler is also an Eagle Scout.
Mr. Wheeler is from Fairfield, Ohio. He completed his law degree at Washington University in St. Louis, his MBA at George Mason University, and his undergraduate work at Case Western Reserve University in English and Biology.
President, Cass & Associates, PC
Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.
As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.
In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.
Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.
Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Senior Fellow in Executive Power, Cato Institute
Molly Nixon is a senior fellow at the Cato Institute, where she focuses on the scope, use, and history of executive power as well as its limits under the Constitution. Molly was previously an attorney with Pacific Legal Foundation’s separation of powers practice, where she litigated cases challenging congressional delegations of legislative power and executive branch overreach. Before that, she served as an Attorney-Advisor at the Department of the Interior and as Legislative Counsel for Congressman Justin Amash.
Molly holds a J.D. from New York University School of Law and a B.A. in History and International Relations from Boston University. She clerked for the U.S. District Court for the District of Alaska and practiced law at a firm in New York City for several years before moving to Washington, D.C.
Professor of Law, Villanova University
Todd Aagaard joined the Villanova Law School faculty in 2008. He served as vice dean of the Law School from 2015 to 2019. His scholarship focuses on environmental law, energy law, and administrative law. His publications include Energy-Environment Policy Alignments, 90 Wash. L. Rev. 1517 (2015); Environmental Law Outside the Canon, 89 Ind. L.J. 1239 (2014); Environmental Harms, Use Conflicts, and Neutral Baselines in Environmental Law, 60 Duke L.J. 1505 (2011); Environmental Law as a Legal Field: An Inquiry in Legal Taxonomy, 95 Cornell L. Rev. 221 (2010); and Factual Premises of Statutory Interpretation in Agency Review Cases, 77 Geo. Wash. L. Rev. (2009). In addition, he is a co-author of Practicing Environmental Law, a practice-based environmental law casebook published in 2017 by Foundation Press.
Aagaard received his BA with honors from Pomona College, his MS from the University of Michigan School of Natural Resources and the Environment, and his JD magna cum laude from the University of Michigan Law School. While at Michigan, he was the editor-in-chief of the Michigan Law Review and an executive editor of the Michigan Journal of Race & Law. Following completion of his JD and MS degrees, he clerked for Second Circuit Judge Guido Calabresi, before joining the Environment and Natural Resources Division of the U.S. Department of Justice as an attorney in the Appellate Section. At the Justice Department, he briefed and argued civil and criminal cases in federal courts of appeals in the areas of environmental law, natural resources law, Indian law and administrative law.
Judge, United States Court of Appeals, Third Circuit
Judge Hardiman was appointed to the United States Court of Appeals for the Third Circuit on January 9, 2007 and was confirmed by the Senate (95-0) on March 15, 2007. Prior to becoming an appellate judge, Judge Hardiman served as a trial judge on the United States District Court for the Western District of Pennsylvania as of November 1, 2003. In 2008, Chief Justice John Roberts appointed Judge Hardiman to the Information Technology Committee of the Judicial Conference of the United States. Judge Hardiman was appointed Chairman of the IT Committee in 2013 and served in that capacity until September 2021. In 2021 he was appointed by the Director of the Administrative Office of the United States Courts to serve as Chair of the Judiciary IT Security Task Force, which completed its work in fall 2023. Chief Justice Roberts appointed Judge Hardiman to the Board of the Federal Judicial Center to serve from March 2020 until March 2024. As part of his work with the Center, Judge Hardiman now serves as Editor in Chief for the Manual for Complex Civil Litigation, Fifth.
Before entering judicial service, Judge Hardiman handled a wide variety of litigation matters in state and federal trial and appellate courts as a partner at Reed Smith LLP (1999-2003), a partner at Titus & McConomy LLP (1996-1999), and as an associate with its predecessor firm, Cindrich & Titus (1992-1996). Judge Hardiman began his legal career as an associate in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom (1990-1992).
A 1987 honors graduate of the University of Notre Dame, Judge Hardiman received his law degree in 1990 from the Georgetown University Law Center, where he served as a Notes and Comments Editor on the Georgetown Law Journal. In 2012, Judge Hardiman was elected as a member of the American Law Institute and was elected to its Council in 2019 and its Executive Committee in 2025. Judge Hardiman regularly teaches a seminar on Advanced Constitutional Law at Duquesne University School of Law and a one-week course entitled “Constitutional Law: the First and Second Amendments” at Georgetown University Law Center.
A native of Waltham, Massachusetts, Judge Hardiman has chambers in Pittsburgh, Pennsylvania. He and his wife Lori married in 1992 and have three children.
Commissioner, Federal Energy Regulatory Commission
Lindsay S. See joined the Federal Energy Regulatory Commission as a Commissioner in June 2024. Before her current role, Commissioner See served as the Solicitor General of West Virginia, where she managed appellate and high-stakes litigation for the State. With a particular focus on energy and administrative law, her work included leading multi-state and multi-interest coalitions on a variety of national issues. She argued twice before the U.S. Supreme Court, filed multi-state comments in dozens of agency rulemakings, and routinely appeared before the Supreme Court of Appeals of West Virginia and the federal courts of appeals.
Commissioner See previously practiced appellate and administrative law for several years with Gibson, Dunn & Crutcher in Washington, D.C. She graduated magna cum laude from Harvard Law School and clerked for the Hon. Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. Originally from Michigan, See now considers herself both a proud Michigander and Mountaineer.
Holland & Hart, Partner
On February 28, 2019, the U.S. Senate confirmed Andrew Wheeler as the fifteenth Administrator of the Environmental Protection Agency. President Donald J. Trump had announced his appointment as the Acting EPA Administrator on July 5, 2018. Mr. Wheeler had previously been confirmed by the U.S. Senate as the EPA Deputy Administrator on April 12, 2018.
Mr. Wheeler has dedicated his career to advancing sound environmental policies. He began his career during the George H. W. Bush Administration as a Special Assistant in EPA’s Pollution Prevention and Toxics office.
He was a Principal and the team leader of the Energy and Environment Practice Group at FaegreBD Consulting, as well as Counsel at Faegre Baker Daniels law firm, where he practiced since 2009. He also served as the Co-chair of the Energy and Natural Resources Industry team across the entire firm.
Prior to his work with the firm, Mr. Wheeler served for six years as the Majority Staff Director and Chief Counsel, as well as the Minority Staff Director, of the Senate Committee on Environment and Public Works. Before his time at the full Senate EPW Committee, Mr. Wheeler served in a similar capacity for six years for the Subcommittee on Clean Air, Climate Change, Wetlands and Nuclear Safety.
Mr. Wheeler is the past Chairman of the National Energy Resource Organization (NERO) and a Stennis Fellow. Mr. Wheeler is also an Eagle Scout.
Mr. Wheeler is from Fairfield, Ohio. He completed his law degree at Washington University in St. Louis, his MBA at George Mason University, and his undergraduate work at Case Western Reserve University in English and Biology.
Environmental Law & Property Rights: Environmental Law in a Post-Chevron World— How Should Congress, Agencies, and States Respond?
Todd Aagaard, Thomas M. Hardiman, Lindsay See, Andrew Wheeler
This year, in a pair of decisions known as Loper Bright, the Supreme Court overruled...
Topics
Another One Bites the Dust: Texas Court Invalidates EAP Salary Regs
On November 15, 2024, in Plano Chamber of Commerce v. U.S. Department of Labor, a...
Environmental Law & Property Rights: Environmental Law in a Post-Chevron World— How Should Congress, Agencies, and States Respond?
2024 National Lawyers Convention
Washington, DCTopics
Murthy Provides a Teachable Moment About the “Vast Power” of the Administrative State
Digital platforms, as private entities, enjoy First Amendment protection. Indeed, the Supreme Court said last...
The Curtain Falls on Chevron: Will the Chevron Two-Step Give Way to a Simpler Loper Bright-Line Rule?
Ronald A. Cass
Traditionally, administrative law cases don’t make news. Instead, they make snooze. They can be exciting...
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In Restaurant Law Center v. DOL, the Fifth Circuit Invalidates DOL Tip Credit Rules Under New Loper Bright Standard
Loper Bright strikes again! In Restaurant Law Center v. DOL, decided August 23, 2024, the...
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Texas District Court Sets Aside FTC's Ban on Non-Compete Agreements
In Ryan LLC v. FTC, decided on August 20, the U.S. District Court for the...
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After Chevron, a New Birth of Deference for the Administrative State?
For decades, the judicial doctrine called “Chevron deference” dominated American administrative law. In the aftermath...
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An Ambitious SEC Tackles Cryptocurrency
In a webinar hosted by the Federalist Society’s Financial Services & E-Commerce Practice Group, a...
Courthouse Steps Decision: Corner Post, Inc. v. Board of Governors of the Federal Reserve System
John F. Duffy, Molly Nixon
On July 1, 2024, the U.S. Supreme Court issued their opinion in Corner Post, Inc....