Professorial Lecturer in Law, George Washington University Law School
Theodore C. (Ted) Hirt was an attorney in the Department of Justice's Civil Division from August 1979 to March 2016. He was in its Federal Programs Branch from 1979 to 2008 (trial attorney, senior trial counsel, assistant director), and then in its Office of Immigration Litigation from 2008 to 2016 (trial attorney and senior litigation counsel). Among his responsibilities (September 2001 to March 2016) was being an advisor to the Assistant Attorneys General for the Civil Division, who serve ex officio on the Civil Rules Advisory Committee. Mr. Hirt’s areas of specialization include First Amendment issues, internet and telecommunications law, and electronic discovery. From 1976 to 1979, he was an associate at Fried, Frank, Harris, Shriver & Kampelman. From 1975 to 1976 he was an attorney in the Prehearing Division of the Michigan Court of Appeals.
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.
Director, Climate & Clean Air Program, Natural Resources Defense Council
David Doniger has been at the forefront of the battle against air pollution and global climate change since he joined NRDC in 1978. He helped formulate the Montreal Protocol, an international agreement designed to stop the depletion of the earth's ozone layer, as well as several essential amendments to the Clean Air Act. In 1993, he left NRDC to serve on the White House Council on Environmental Quality, followed by key posts at the U.S. Environmental Protection Agency. He rejoined NRDC in 2001 and has since been working to defend the Clean Air Act from assaults in Congress. He is based in Washington, D.C.
Partner, Crowell & Moring
Mr. Lorenzen is a partner in Crowell & Moring's Washington, D.C. office and is a member of the Environment & Natural Resources and Government Affairs groups. He works with clients seeking to successfully navigate the federal environmental rulemaking process.
With a decade of Justice Department experience managing the legal defense of all EPA rules, Mr. Lorenzen has a unique ability to help clients shape environmental policy, provide vital input on proposed federal environmental regulations through written comment and direct interaction with regulators, and mount effective judicial challenges to EPA actions that adversely affect his clients' interests. He also helps clients ensure compliance with existing environmental regulations. In addition, he is a noted appellate lawyer who has briefed, argued, or supervised hundreds of petitions for review of EPA regulations and other final EPA actions.
While he was at the Department of Justice, Mr. Lorenzen oversaw many of the seminal environmental cases of the last decade. These include Massachusetts v. EPA, in which the Supreme Court affirmed EPA's authority to regulate greenhouse gases under the Clean Air Act, and Entergy v. Riverkeeper, in which the Court held that EPA has discretion under the Clean Water Act to consider or decline to consider costs in determining how to regulate cooling water intake structures. In the D.C. Circuit and the other federal courts of appeals, he oversaw the government's defense in Coalition for Responsible Regulation v. EPA, in which the court upheld EPA's first suite of greenhouse gas regulations (largely upheld by the Supreme Court in Utility Air Regulatory Group v. EPA); EME Homer City Generation, L.P. v. EPA and North Carolina v. EPA, in which the court reviewed EPA's various attempts to address interstate transport of air pollutants; numerous cases challenging EPA regulations governing emissions of hazardous air pollutants; and National Cotton Council v. EPA, in which the Sixth Circuit reviewed EPA's Clean Water Act regulations governing the application of pesticides over waters of the United States.
Mr. Lorenzen is a frequent lecturer and commentator in print, on the internet, and on television regarding federal environmental law, climate change regulation, administrative law, federal policymaking, and effective appellate brief-writing and argument.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Director, Climate & Clean Air Program, Natural Resources Defense Council
David Doniger has been at the forefront of the battle against air pollution and global climate change since he joined NRDC in 1978. He helped formulate the Montreal Protocol, an international agreement designed to stop the depletion of the earth's ozone layer, as well as several essential amendments to the Clean Air Act. In 1993, he left NRDC to serve on the White House Council on Environmental Quality, followed by key posts at the U.S. Environmental Protection Agency. He rejoined NRDC in 2001 and has since been working to defend the Clean Air Act from assaults in Congress. He is based in Washington, D.C.
Partner, Crowell & Moring
Mr. Lorenzen is a partner in Crowell & Moring's Washington, D.C. office and is a member of the Environment & Natural Resources and Government Affairs groups. He works with clients seeking to successfully navigate the federal environmental rulemaking process.
With a decade of Justice Department experience managing the legal defense of all EPA rules, Mr. Lorenzen has a unique ability to help clients shape environmental policy, provide vital input on proposed federal environmental regulations through written comment and direct interaction with regulators, and mount effective judicial challenges to EPA actions that adversely affect his clients' interests. He also helps clients ensure compliance with existing environmental regulations. In addition, he is a noted appellate lawyer who has briefed, argued, or supervised hundreds of petitions for review of EPA regulations and other final EPA actions.
While he was at the Department of Justice, Mr. Lorenzen oversaw many of the seminal environmental cases of the last decade. These include Massachusetts v. EPA, in which the Supreme Court affirmed EPA's authority to regulate greenhouse gases under the Clean Air Act, and Entergy v. Riverkeeper, in which the Court held that EPA has discretion under the Clean Water Act to consider or decline to consider costs in determining how to regulate cooling water intake structures. In the D.C. Circuit and the other federal courts of appeals, he oversaw the government's defense in Coalition for Responsible Regulation v. EPA, in which the court upheld EPA's first suite of greenhouse gas regulations (largely upheld by the Supreme Court in Utility Air Regulatory Group v. EPA); EME Homer City Generation, L.P. v. EPA and North Carolina v. EPA, in which the court reviewed EPA's various attempts to address interstate transport of air pollutants; numerous cases challenging EPA regulations governing emissions of hazardous air pollutants; and National Cotton Council v. EPA, in which the Sixth Circuit reviewed EPA's Clean Water Act regulations governing the application of pesticides over waters of the United States.
Mr. Lorenzen is a frequent lecturer and commentator in print, on the internet, and on television regarding federal environmental law, climate change regulation, administrative law, federal policymaking, and effective appellate brief-writing and argument.
Topics
EPA Reconsiders its Use of Co-Benefits in Cost-Benefit Analysis
In the last days of 2018, EPA invited comment on a proposal (the revised...
Can and Should the Federal Judiciary Rein In Our Expansive Administrative State?
Ted Hirt
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State
Ronald A. Cass
Note from the Editor: This article argues that, while judicial deference to agency decisions is...
Topics
Liberty Month Revisited: National Standards Are Essential to the Success of U.S. Environmental Law
This month we are sharing a selection of paired pieces from The Federalist Society's Liberty...
Topics
Another Court Rules Against Regulation-by-Litigation in Climate Change Public Nuisance Lawsuits
On July 19, the U.S. District Court for the Southern District of New York dismissed...
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Article I: Interview with Prof. Schoenbrod on Congressional Degradation
As Professor Schoenbrod explains in this interview, Congress has an unhealthy fixation with three little words--"the Administrator...
The Clean Power Plan: Litigation and Regulatory Challenges, Old and New
David D. Doniger, Thomas A. Lorenzen
In January 16, 2018, the comment period will close on the Environmental Protection Agency’s notice of proposed...
The Clean Power Plan: Litigation and Regulatory Challenges, Old and New
Environmental Law & Property Rights Teleforum
TeleforumTopics
Examining Agency Authority: Mexichem Fluor, Inc. v. EPA - DC Circuit
In a nearly 30 year old Duke Law Journal article, Justice Scalia asked with regard...
Improving the Use of Science in Regulation - Podcast
Susan E. Dudley
Regulations intended to address public health and environmental risks depend heavily on scientific information. Yet,...