Managing Partner - Washington, D.C., Lewis Brisbois Bisgaard & Smith LLP
Jane Luxton is the Managing Partner of Lewis Brisbois’ Washington, D.C. office, co-chair of the Government Investigations & White Collar Defense Practice, co-chair of the Government Relations Group Leadership, co-chair of the Environmental and Administrative Law Practice, and vice-chair of the Consumer Financial Services Practice. Jane has extensive experience in environmental as well as other federal regulatory, policy, and litigation matters. She advises businesses, associations, and coalitions in navigating all levels of the federal regulatory process, including appellate advocacy.
Recent matters include:
Jane’s knowledge of environmental and administrative law gained key insights from her experience serving in several prominent positions in the U.S. government. From 2007-2009, she served as general counsel of the National Oceanic and Atmospheric Administration, advising the Undersecretary of Commerce for Oceans and Atmosphere on legal and policy issues related to natural resource damages, coastal zone and fisheries management, endangered species and marine mammal protection, and weather and climate change science. In this role, in which she held a top secret/SCI security clearance, Jane was appointed by the President to head the U.S. delegation to the 2008 Western and Central Pacific Fisheries Commission. She also received the U.S. Department of Commerce Gold Medal Award in 2008 and 2009.
Jane’s experience includes “first chair” prosecution of antitrust and other criminal cases at the U.S. Department of Justice and U.S. Attorneys office, Eastern District of Virginia. In private practice, Jane has represented clients in grand jury and other government investigations.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
Managing Partner - Washington, D.C., Lewis Brisbois Bisgaard & Smith LLP
Jane Luxton is the Managing Partner of Lewis Brisbois’ Washington, D.C. office, co-chair of the Government Investigations & White Collar Defense Practice, co-chair of the Government Relations Group Leadership, co-chair of the Environmental and Administrative Law Practice, and vice-chair of the Consumer Financial Services Practice. Jane has extensive experience in environmental as well as other federal regulatory, policy, and litigation matters. She advises businesses, associations, and coalitions in navigating all levels of the federal regulatory process, including appellate advocacy.
Recent matters include:
Jane’s knowledge of environmental and administrative law gained key insights from her experience serving in several prominent positions in the U.S. government. From 2007-2009, she served as general counsel of the National Oceanic and Atmospheric Administration, advising the Undersecretary of Commerce for Oceans and Atmosphere on legal and policy issues related to natural resource damages, coastal zone and fisheries management, endangered species and marine mammal protection, and weather and climate change science. In this role, in which she held a top secret/SCI security clearance, Jane was appointed by the President to head the U.S. delegation to the 2008 Western and Central Pacific Fisheries Commission. She also received the U.S. Department of Commerce Gold Medal Award in 2008 and 2009.
Jane’s experience includes “first chair” prosecution of antitrust and other criminal cases at the U.S. Department of Justice and U.S. Attorneys office, Eastern District of Virginia. In private practice, Jane has represented clients in grand jury and other government investigations.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
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.
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)).
Managing Director, Berkeley Research Group (BRG)
Dr. Dasgupta served as Assistant Secretary for Trade and Economic Security, responsible for a comprehensive national security portfolio. His duties included oversight of the Committee on Foreign Investment in the United States (CFIUS), Team Telecom, the Forced Labor Enforcement Task Force (FLETF), Information and Communications Technology and Services (ICTS), Arctic security initiatives, the Icebreaker Collaboration Effort (ICE) Pact, and related trade matters. Sohan Dasgupta also served as political head of the Millennium Challenge Corporation (MCC), supporting U.S. foreign policy and national security objectives. Previously, he had served as Deputy General Counsel of the U.S. Department of Homeland Security (DHS).
Dr. Dasgupta holds a JD from the University of California, Berkeley, where he was elected to the Order of the Coif; a PhD in international trade and arbitration from the University of Cambridge; MSc from the University of Oxford; and BA in Economics–Operations Research and History from Columbia University. He commenced his legal career with clerkships on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Southern District of West Virginia.
Dr. Dasgupta has addressed the Hungarian, Romanian, and Guatemalan parliaments, and has spoken at the invitation of Members of the U.S. Congress, the British Parliament, the European Union Parliament, the Congress of the Philippines, and the Legislative Assembly of El Salvador.
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.
Managing Director, Berkeley Research Group (BRG)
Dr. Dasgupta served as Assistant Secretary for Trade and Economic Security, responsible for a comprehensive national security portfolio. His duties included oversight of the Committee on Foreign Investment in the United States (CFIUS), Team Telecom, the Forced Labor Enforcement Task Force (FLETF), Information and Communications Technology and Services (ICTS), Arctic security initiatives, the Icebreaker Collaboration Effort (ICE) Pact, and related trade matters. Sohan Dasgupta also served as political head of the Millennium Challenge Corporation (MCC), supporting U.S. foreign policy and national security objectives. Previously, he had served as Deputy General Counsel of the U.S. Department of Homeland Security (DHS).
Dr. Dasgupta holds a JD from the University of California, Berkeley, where he was elected to the Order of the Coif; a PhD in international trade and arbitration from the University of Cambridge; MSc from the University of Oxford; and BA in Economics–Operations Research and History from Columbia University. He commenced his legal career with clerkships on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Southern District of West Virginia.
Dr. Dasgupta has addressed the Hungarian, Romanian, and Guatemalan parliaments, and has spoken at the invitation of Members of the U.S. Congress, the British Parliament, the European Union Parliament, the Congress of the Philippines, and the Legislative Assembly of El Salvador.
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)).
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
Assistant Professor of Law, Columbus School of Law, Catholic University of America
Chad Squitieri is an Assistant Professor of Law at Catholic University of America’s Columbus School of Law. There he serves as the Director of the Separation of Powers Institute, and as a Managing Director of the Center for the Constitution and the Catholic Intellectual Tradition. Professor Squitieri’s scholarship addresses administrative law and constitutional law topics, including separation-of-powers principles. His scholarship has appeared in the Administrative Law Review, the Harvard Journal of Law and Public Policy, and the Baylor Law Review, among other publications.
Prior to joining the faculty at the Catholic University of America, Prof. Squitieri practiced law at Gibson, Dunn & Crutcher LLP as a member of the Appellate and Constitutional Law and Administrative Law and Regulatory practice groups. He also served as a Special Assistant to former United States Secretary of Labor Eugene Scalia, and as a law clerk to then-Chief Judge D. Brooks Smith of the United States Court of Appeals for the Third Circuit.
Partner, Donahue & Goldberg LLP
Sean H. Donahue's practice is focused on appellate litigation, including environmental cases in federal and state appellate courts, legal counseling, and helping clients communicate effectively to courts, agencies, and other audiences. He is a member of the bars of the District of Columbia and the State of California.
A 1992 graduate of University of Chicago Law School, Sean served as law clerk to Ruth Bader Ginsburg, then of the U.S. Court of Appeals for the D.C. Circuit, and to Justice John Paul Stevens. He entered private practice at Jenner & Block's Washington office, where he worked on civil matters including in telecommunications and First Amendment law. He then spent four years at the Department of Justice, Environmental and Natural Resources Division, Appellate Section, briefing and arguing cases in the United States Courts of Appeals, and state supreme courts concerning federal environmental and natural resources law, federal property law, takings, and Indian law.
Sean has argued approximately 50 cases in federal and state appellate courts. Since first establishing his own practice in 2002, he has represented environmental and public health organization parties in numerous major environmental and clean energy cases in the Supreme Court and the courts of appeals. His current practice includes representation of public interest organizations, governmental bodies, and private entities in environmental, energy, natural resources, and other cases. Sean has taught courses in environmental law, civil procedure, constitutional law and other subjects at Washington & Lee University School of Law, Iowa College of Law, and Georgetown University Law Center, and currently teaches climate change law and policy as a lecturer at Stanford Law School. He has given presentations at law schools including Berkeley, Columbia, Fordham, Harvard, Duke, Georgetown, Maryland, NYU, Northwestern, Stanford, University of Chicago, University of Florida, Vermont Law School, and Washington & Lee.
Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center
Lisa Heinzerling is the Justice William J. Brennan, Jr. Professor of Law at Georgetown University. Her primary specialties are administrative law and environmental law. She is the author of several books, including Priceless: On Knowing the Price of Everything and the Value of Nothing, a critique of the use of cost-benefit analysis in environmental policy. Professor Heinzerling has received the Georgetown University President's Award for Distinguished Scholar-Teachers, the faculty teaching award at Georgetown Law, and several awards related to her scholarship and advocacy in environmental law. She was the lead author of the winning briefs in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act gives EPA the authority to regulate greenhouse gases. From January 2009 to July 2009, Heinzerling served as Senior Climate Policy Counsel to the Administrator of the Environmental Protection Agency and then, from July 2009 to December 2010, she served as Associate Administrator of EPA’s Office of Policy. She was a law clerk to Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and Justice William J. Brennan, Jr. of the U.S. Supreme Court.
Executive Vice President, The Heritage Foundation
Derrick Morgan has thirty years’ experience in business, government, law, politics, and policy and now serves as the Executive Vice President of The Heritage Foundation, overseeing policy and government relations.
In business, Morgan led the American Fuel and Petrochemical Manufacturers’ (AFPM) advocacy efforts, testified before Congress, and wrote and spoke widely on fuels issues including energy security, fuel prices, and regulatory burdens such as the Renewable Fuel Standard. At AFPM and on the Hill, he opposed electric vehicle mandates and subsidies and warned against conventional wisdom, predicting EV adoption would be far from universal.
In government, law, and politics, Morgan served in all three branches of government including four senators and one representative in roles including campaign aide, counsel to the Senate Republican Policy Committee, and chief of staff to Senator Ben Sasse of Nebraska. In addition, he served as assistant, special counsel, and staff secretary for Vice President Richard B. Cheney, where he traveled frequently with the Vice President as a member of his senior staff and was the final substantive stop for all papers, remarks, and statements. As a leadership staffer for Senator Thune on Capitol Hill, Morgan helped organize opposition to “Card Check” legislation that would have eliminated the secret ballot for workers in union elections and harmful climate legislation like cap-and-trade and carbon taxes. Following law school and between stints at Gibson, Dunn & Crutcher LLP, Morgan clerked for a federal district judge in Texas.
In policy, Morgan previously worked at Heritage, first as Chief of Staff to the organization’s Founder and President, Ed Feulner, and later as Vice President of Domestic Policy. At Heritage, Morgan was privileged to fight “comprehensive” immigration reform that included amnesty for illegal immigrants when the Beltway political class overwhelmingly supported it.
A longtime movement leader on energy, the economy, and immigration, he has appeared on radio and television outlets including Fox News, Fox Business, Newsmax, CNN, CNBC, and C-SPAN. His commentary has been published widely including in The Wall Street Journal, The New York Times, Los Angeles Times, Politico, Real Clear Politics, and USA Today.
Morgan received his undergraduate degree at the University of Texas at Dallas, where he gave the honors commencement address and later received a Distinguished Alumni Award. He holds a JD from The Georgetown University Law Center.
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.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Managing Partner - Washington, D.C., Lewis Brisbois Bisgaard & Smith LLP
Jane Luxton is the Managing Partner of Lewis Brisbois’ Washington, D.C. office, co-chair of the Government Investigations & White Collar Defense Practice, co-chair of the Government Relations Group Leadership, co-chair of the Environmental and Administrative Law Practice, and vice-chair of the Consumer Financial Services Practice. Jane has extensive experience in environmental as well as other federal regulatory, policy, and litigation matters. She advises businesses, associations, and coalitions in navigating all levels of the federal regulatory process, including appellate advocacy.
Recent matters include:
Jane’s knowledge of environmental and administrative law gained key insights from her experience serving in several prominent positions in the U.S. government. From 2007-2009, she served as general counsel of the National Oceanic and Atmospheric Administration, advising the Undersecretary of Commerce for Oceans and Atmosphere on legal and policy issues related to natural resource damages, coastal zone and fisheries management, endangered species and marine mammal protection, and weather and climate change science. In this role, in which she held a top secret/SCI security clearance, Jane was appointed by the President to head the U.S. delegation to the 2008 Western and Central Pacific Fisheries Commission. She also received the U.S. Department of Commerce Gold Medal Award in 2008 and 2009.
Jane’s experience includes “first chair” prosecution of antitrust and other criminal cases at the U.S. Department of Justice and U.S. Attorneys office, Eastern District of Virginia. In private practice, Jane has represented clients in grand jury and other government investigations.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
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.
Managing Director, Berkeley Research Group (BRG)
Dr. Dasgupta served as Assistant Secretary for Trade and Economic Security, responsible for a comprehensive national security portfolio. His duties included oversight of the Committee on Foreign Investment in the United States (CFIUS), Team Telecom, the Forced Labor Enforcement Task Force (FLETF), Information and Communications Technology and Services (ICTS), Arctic security initiatives, the Icebreaker Collaboration Effort (ICE) Pact, and related trade matters. Sohan Dasgupta also served as political head of the Millennium Challenge Corporation (MCC), supporting U.S. foreign policy and national security objectives. Previously, he had served as Deputy General Counsel of the U.S. Department of Homeland Security (DHS).
Dr. Dasgupta holds a JD from the University of California, Berkeley, where he was elected to the Order of the Coif; a PhD in international trade and arbitration from the University of Cambridge; MSc from the University of Oxford; and BA in Economics–Operations Research and History from Columbia University. He commenced his legal career with clerkships on the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Southern District of West Virginia.
Dr. Dasgupta has addressed the Hungarian, Romanian, and Guatemalan parliaments, and has spoken at the invitation of Members of the U.S. Congress, the British Parliament, the European Union Parliament, the Congress of the Philippines, and the Legislative Assembly of El Salvador.
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)).
Assistant Professor of Law, Columbus School of Law, Catholic University of America
Chad Squitieri is an Assistant Professor of Law at Catholic University of America’s Columbus School of Law. There he serves as the Director of the Separation of Powers Institute, and as a Managing Director of the Center for the Constitution and the Catholic Intellectual Tradition. Professor Squitieri’s scholarship addresses administrative law and constitutional law topics, including separation-of-powers principles. His scholarship has appeared in the Administrative Law Review, the Harvard Journal of Law and Public Policy, and the Baylor Law Review, among other publications.
Prior to joining the faculty at the Catholic University of America, Prof. Squitieri practiced law at Gibson, Dunn & Crutcher LLP as a member of the Appellate and Constitutional Law and Administrative Law and Regulatory practice groups. He also served as a Special Assistant to former United States Secretary of Labor Eugene Scalia, and as a law clerk to then-Chief Judge D. Brooks Smith of the United States Court of Appeals for the Third Circuit.
Professor of Law, University of Michigan Law School
Christopher J. Walker is a Professor of Law at the University of Michigan. Prior to joining Michigan law faculty in 2022, he spent a decade teaching at The Ohio State University Moritz College of Law. He previously clerked for Justice Anthony Kennedy of the U.S. Supreme Court, worked on the Civil Appellate Staff at the U.S. Department of Justice, and served on the Senate Judiciary Committee staff for the Gorsuch Supreme Court confirmation. Professor Walker’s research focuses on administrative law, regulation, and law and policy at the agency level. Outside the law school, he chaired the American Bar Association’s Section of Administrative Law and Regulatory Practice in 2020-21 and served as one of forty Public Members of the Administrative Conference of the United States from 2016-2022, and he continues to serve in both organizations in various capacities. He also works of counsel at the U.S. Chamber Litigation Center. In 2022, he received the Federalist Society’s Joseph Story Award.
Professor, University of Minnesota Law School
Ilan Wurman is the Julius E. Davis Professor of Law at the University of Minnesota, where he teaches administrative law and constitutional law. He previously taught at Arizona State University. He writes primarily on the Fourteenth Amendment, administrative law, separation of powers, and constitutionalism. His academic writing has appeared in the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the University of Pennsylvania Law Review, the Virginia Law Review, the Duke Law Journal, the Minnesota Law Review, the Notre Dame Law Review, and the Texas Law Review among other journals.
Professor Wurman is the author of a casebook, Administrative Law Theory and Fundamentals: An Integrated Approach (Foundation Press 2d ed. 2024). He is also the author of A Debt Against the Living: An Introduction to Originalism (Cambridge 2017), and The Second Founding: An Introduction to the Fourteenth Amendment (Cambridge 2020). His next book, The Constitution of 1789: A New Introduction, is also forthcoming with Cambridge University Press.
Professor Wurman practices law with the firm Tully Bailey. He has litigated a variety of administrative law and constitutional law cases, including cases involving COVID-19 restrictions, transmission lines, and Appointments Clause challenges. He also devised winning public nuisance theories to force city governments to address the increasingly challenging public camping crises throughout the country.
The SEC’s ESG Reporting Rule: Understanding the Debate over Climate-Risk Disclosure Requirements
Jane Luxton, Paul J. Ray
In March 2022, the Securities and Exchange Commission proposed a new rule that would establish...
The SEC’s ESG Reporting Rule: Understanding the Debate over Climate-Risk Disclosure Requirements
Jane Luxton, Paul J. Ray
In March 2022, the Securities and Exchange Commission proposed a new rule that would establish...
The SEC’s ESG Reporting Rule: Understanding the Debate over Climate-Risk Disclosure Requirements
A Regulatory Transparency Project Webinar
TeleforumDeep Dive Episode 249 - Litigation Update: Ohio v. Environmental Protection Agency
Jonathan Brightbill, Robert V. Percival, Sohan Dasgupta
The EPA has rescinded The Safer Affordable Fuel Efficient Vehicles Rule Part One: One National...
Litigation Update: Ohio v. Environmental Protection Agency
Jonathan Brightbill, Sohan Dasgupta, Robert V. Percival
The EPA has rescinded The Safer Affordable Fuel Efficient Vehicles Rule Part One: One National...
Litigation Update: Ohio v. Environmental Protection Agency
A Regulatory Transparency Project Webinar
Luncheon Debate: Resolved: The Major Questions Doctrine Has No Place in Statutory Interpretation
Christopher J. Walker, Ilan Wurman, Chad C. Squitieri
In West Virginia v. EPA, decided this last term, the Supreme Court invoked the major...
Luncheon Debate: Resolved: The Major Questions Doctrine Has No Place in Statutory Interpretation
24th Annual Federalist Society Faculty Conference
San Diego, CATopics
A Trio of "Sleeper" Nondelegation Doctrine Challenges
For those, like me, who harbor hopes that abuses of authority by administrative agencies might...
Environmental Law After West Virginia v. EPA: Can the Biden Administration’s “Whole of Government” Approaches Survive Judicial Review?
Sean H. Donahue, Lisa Heinzerling, Derrick Morgan, Lindsay See, Lawrence VanDyke
The Biden Administration began with executive orders on an environmental policy agenda, directing a “whole...