Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Partner, Hunton Andrews Kurth
A co-leader of Hunton Andrews Kurth’s environmental practice, Deidre is lauded in Chambers USA, 2016 as “extremely capable,” “very familiar with the regulations and agencies,” and excels at giving clients “good insight into getting an expeditious outcome.” Her practice focuses exclusively on environmental, energy and administrative law.
Deidre represents clients on permitting, compliance and litigation relating to the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. She frequently counsels clients on administrative rulemaking and policy, providing regulatory clarifications when necessary, and drafting federal and state legislation on myriad intricate issues. She is also well known for negotiating and obtaining permits for complicated energy and development projects. Her clients include development companies, oil and natural gas pipelines, electric utilities, agricultural interests, state and local agencies, and various trade associations.
Prior to entering private practice, Deidre served as assistant general counsel of the Army at the Pentagon, advising the secretary of the Army on environmental and land use issues involving the Corps of Engineers’ Civil Works and section 404 Regulatory program, as well as the Base Realignment and Closure (BRAC) program. Deidre has extensive experience with federal regulatory agencies, military departments and the US Department of Justice.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Deputy Litigation Director, Institute for Justice
Robert McNamara serves as Deputy Litigation Director with the Institute for Justice. He joined the Institute in August 2006 and litigates cutting-edge constitutional cases protecting free speech, property rights, economic liberty and other individual liberties in both federal and state courts.
Robert’s work has resulted in court victories for property owners fighting eminent domain abuse, tour guides fighting unconstitutional restrictions on their speech, taxi drivers seeking the right to own their own business, and many others. Robert also litigates in defense of innovation and entrepreneurship in medical care and was co-counsel in Flynn v. Holder, IJ’s landmark challenge to the federal prohibition on compensating bone marrow donors.
Robert’s writing has been published by outlets including The New York Times, The Wall Street Journal, The Washington Post and dozens more nationwide. His opinions and views on legal issues have been featured in radio and television programs ranging from National Public Radio’s All Things Considered to Fox News Channel’s Hannity & Colmes.
Robert is a graduate of Boston University and the New York University School of Law, where he was a founding member and eventual editor-in-chief of the NYU Journal of Law & Liberty. He currently lives in Virginia with his wife and children.
Robert McNamara is a member of the Virginia bar.
Vice President of Litigation and Deputy General Counsel, National Association of Manufacturers
Peter Tolsdorf is the vice president of litigation and deputy general counsel at the National Association of Manufacturers (NAM). As part of the Manufacturers’ Center for Legal Action, Mr. Tolsdorf works to strengthen the NAM’s ability to promote manufacturing policy objectives through litigation. He also serves as general counsel of The Manufacturing Institute, a nonprofit organization that seeks to help the manufacturing industry attract and develop world-class manufacturing talent.
Mr. Tolsdorf has extensive litigation experience on energy and the environment, labor and employment, product and civil liability, intellectual property, corporate governance and trade issues. At the American Petroleum Institute, he challenged regulatory overreach of the oil and natural gas industry. Mr. Tolsdorf previously served as an attorney at the Federal Energy Regulatory Commission (FERC), where he litigated energy generation and transmission matters. Before the FERC, he litigated cases at major international law firms Bingham McCutchen and McDermott Will & Emery.
Mr. Tolsdorf graduated from The George Washington University Law School, where he served as notes editor of The George Washington Law Review. He lives in Arlington, Virginia, with his wife and two sons.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Partner, Steptoe LLP
Shannen W. Coffin is a partner in Steptoe’s Washington office, where co-chairs the firm’s appellate practice and is a member of the regulatory litigation practice group. He frequently represents clients in trial and appellate courts in matters involving constitutional and administrative law challenges to state and federal government regulatory action.
Mr. Coffin previously served as a senior lawyer in the Executive Branch. He was Counsel to Vice President Cheney in the Office of the Vice President of the United States, where, among other things, he served on the White House’s judicial selection committee. Before that, Mr. Coffin served as Deputy Assistant Attorney General in the US Justice Department’s Civil Division, where he was responsible for overseeing and coordinating trial litigation on behalf of the federal government for constitutional challenges to federal statutes, statutory and constitutional challenges to agency programs, and defense of national security and anti-terrorism programs.
CEO, Pebble Partnership
Tom Collier leads the Pebble Partnership as its CEO. Mr. Collier is the former U.S. Department of the Interior chief of staff during the Clinton administration. He holds extensive experience in navigating the federal environmental permitting process. Prior to joining the Partnership in 2014, Mr. Collier spent 40 years serving as a partner for the law firm Steptoe & Johnson in Washington, D.C. As a senior leader in environmental law and permitting, Mr. Collier has worked on Alaska related projects in his career including development of Alpine, CD-5, and the reauthorization of the Trans-Alaska Pipeline System.
Director, Center for Energy and Environment, Competitive Enterprise Institute
Myron Ebell is director of the Center for Energy and Environment at the Competitive Enterprise Institute. Ebell also chairs the Cooler Heads Coalition, which comprises representatives from more than two dozen non-profit organizations based in the United States and abroad that challenge global warming alarmism and oppose energy rationing policies.
Ebell has worked on energy and environment issues for more than two decades, spending more than 15 years at CEI researching and advocating for sensible energy policies that benefit everyone. Instead of policies that simply reacts to alarmism, Ebell advocates for climate policies that reflect the scientifically-supported view that affordable, plentiful, and reliable energy make the world safer, the environment more livable, and should be should be accessible to those who need it most.
Ebell's writings have appeared in a variety of publications, including the New York Post, Wall Street Journal, USA Today, Washington Post, Forbes, London’s Guardian, Standpoint Magazine, Riverside Press Enterprise, Philadelphia Inquirer, and Environmental Law Forum. He has appeared as a guest on numerous television shows, including the ABC Evening News, NBC Nightly News, PBS News Hour, BBC Newsnight, BBC World, CNBC, CNN, C-SPAN’s Washington Journal, MSNBC, ITN, Voice of America, Televisa, Sky TV, Al Jazeera, PBS’s NOW, Fox News's Special Report with Bret Baier, O'Reilly Factor, and Hannity and Colmes. He has spoken frequently on a variety of BBC radio news programs and on hundreds of radio talk shows.
Ebell holds a Bachelor of Arts from Colorado College and an Master of Science from the London School of Economics. He also did graduate work at the University of California at San Diego and at Peterhouse, Cambridge University.
President, Center for Climate and Energy Solutions
Robert Perciasepe serves as president of the nonprofit Center for Climate and Energy Solutions. He served as the Deputy Administrator of the U.S. Environmental Protection Agency during the administration of Barack Obama. Prior to joining the Obama administration, Perciasepe was Chief Operating Officer for the environmental conservation non-profit National Audubon Society. Before that, he served in the administration of President Bill Clinton as the EPA's Assistant Administrator for clean water and then later as the Assistant Administrator for clean air.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
J. B. and Maurice C. Shapiro Professor of Environmental Law, George Washington University Law School
Robert L. Glicksman is a nationally and internationally recognized expert on environmental, natural resources, and administrative law issues. A graduate of the Cornell Law School, his areas of expertise include environmental, natural resources, administrative, and property law. Before joining the law school faculty in 2009, Professor Glicksman taught at the University of Kansas School of Law, where he joined the faculty in 1982 and was named the holder of the Robert W. Wagstaff Distinguished Professor of Law in 1995. Professor Glicksman has practiced with law firms in DC and New Jersey before joining and while on leave from academia, focusing on environmental, energy, and administrative law issues. He has consulted on various environmental and natural resources law issues, including work for the Secretariat of the Commission for Environmental Cooperation in Montreal, Canada.
Professor Glicksman has extensive publications in his areas of expertise. He is co-author of two law school casebooks, Environmental Protection: Law and Policy (6th ed. Aspen Publishers) and Administrative Law: Agency Action in Legal Context (Foundation Press); the four-volume treatise, Public Natural Resources Law (2d ed. Thomson/West); two monographs, Risk Regulation at Risk: A Pragmatic Approach, and Pollution Limits and Polluters’ Efforts to Comply: The Role of Government Monitoring and Enforcement, both published by Stanford University Press); and Modern Public Land Law in a Nutshell (3d ed. West). He has written numerous book chapters and articles on a variety of environmental and natural resources law topics, concentrating recently on topics such as climate change, federalism issues in environmental law, the challenges facing the federal land management agencies, and environmental enforcement. His articles have been published in law reviews and journals that include the Texas Law Review, Pennsylvania Law Review, the Northwestern University Law Review, the Duke Law Journal, the Vanderbilt Law Review, the Wake Forest Law Review, the Indiana Law Journal, the Stanford Environmental Law Journal, the Virginia Environmental Law Journal, and the Administrative Law Review.
Professor Glicksman has been a member scholar for the Center for Progressive Reform since 2002 and a member of the Center’s Board of Directors since 2008.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Partner, Steptoe LLP
Shannen W. Coffin is a partner in Steptoe’s Washington office, where co-chairs the firm’s appellate practice and is a member of the regulatory litigation practice group. He frequently represents clients in trial and appellate courts in matters involving constitutional and administrative law challenges to state and federal government regulatory action.
Mr. Coffin previously served as a senior lawyer in the Executive Branch. He was Counsel to Vice President Cheney in the Office of the Vice President of the United States, where, among other things, he served on the White House’s judicial selection committee. Before that, Mr. Coffin served as Deputy Assistant Attorney General in the US Justice Department’s Civil Division, where he was responsible for overseeing and coordinating trial litigation on behalf of the federal government for constitutional challenges to federal statutes, statutory and constitutional challenges to agency programs, and defense of national security and anti-terrorism programs.
CEO, Pebble Partnership
Tom Collier leads the Pebble Partnership as its CEO. Mr. Collier is the former U.S. Department of the Interior chief of staff during the Clinton administration. He holds extensive experience in navigating the federal environmental permitting process. Prior to joining the Partnership in 2014, Mr. Collier spent 40 years serving as a partner for the law firm Steptoe & Johnson in Washington, D.C. As a senior leader in environmental law and permitting, Mr. Collier has worked on Alaska related projects in his career including development of Alpine, CD-5, and the reauthorization of the Trans-Alaska Pipeline System.
Director, Center for Energy and Environment, Competitive Enterprise Institute
Myron Ebell is director of the Center for Energy and Environment at the Competitive Enterprise Institute. Ebell also chairs the Cooler Heads Coalition, which comprises representatives from more than two dozen non-profit organizations based in the United States and abroad that challenge global warming alarmism and oppose energy rationing policies.
Ebell has worked on energy and environment issues for more than two decades, spending more than 15 years at CEI researching and advocating for sensible energy policies that benefit everyone. Instead of policies that simply reacts to alarmism, Ebell advocates for climate policies that reflect the scientifically-supported view that affordable, plentiful, and reliable energy make the world safer, the environment more livable, and should be should be accessible to those who need it most.
Ebell's writings have appeared in a variety of publications, including the New York Post, Wall Street Journal, USA Today, Washington Post, Forbes, London’s Guardian, Standpoint Magazine, Riverside Press Enterprise, Philadelphia Inquirer, and Environmental Law Forum. He has appeared as a guest on numerous television shows, including the ABC Evening News, NBC Nightly News, PBS News Hour, BBC Newsnight, BBC World, CNBC, CNN, C-SPAN’s Washington Journal, MSNBC, ITN, Voice of America, Televisa, Sky TV, Al Jazeera, PBS’s NOW, Fox News's Special Report with Bret Baier, O'Reilly Factor, and Hannity and Colmes. He has spoken frequently on a variety of BBC radio news programs and on hundreds of radio talk shows.
Ebell holds a Bachelor of Arts from Colorado College and an Master of Science from the London School of Economics. He also did graduate work at the University of California at San Diego and at Peterhouse, Cambridge University.
President, Center for Climate and Energy Solutions
Robert Perciasepe serves as president of the nonprofit Center for Climate and Energy Solutions. He served as the Deputy Administrator of the U.S. Environmental Protection Agency during the administration of Barack Obama. Prior to joining the Obama administration, Perciasepe was Chief Operating Officer for the environmental conservation non-profit National Audubon Society. Before that, he served in the administration of President Bill Clinton as the EPA's Assistant Administrator for clean water and then later as the Assistant Administrator for clean air.
Attorney, Briscoe Ivester & Bazel LLP
Peter Prows counsels public agencies, private clients, and sovereigns on all manner of water, land use, and environmental issues, from neighbor disputes and development-permit issues to national-profile bet-the-company federal litigation. He is experienced in California’s water rights and quality laws, the Clean Water Act and wetlands regulation, the Coastal Act, CEQA and NEPA, the public trust doctrine, real property, and the law of the sea. He litigates in state and federal trial and appellate courts, including the California and U.S. Supreme Courts, while also counseling clients on compliance matters to avoid disputes and help projects proceed. Mr. Prows also defends clients in environmental enforcement matters, whether administrative, civil, or criminal. Representative matters include:
Drakes Bay Oyster Company v. Jewell. Won an injunction from the Ninth Circuit keeping historic family oyster farm, which the federal and state governments wanted shut down, in business for an extra nearly 2 1/2 years. Organized amicus and other material litigation support from a national coalition of sustainable food advocates, environmentalists, scientists, historians, community members, and affected employees.
Duarte Nursery, Inc. v. United States. With some 600 jobs at risk, settled high-profile federal Clean Water Act enforcement action against wheat farmer for tiny fraction of government’s demand. Organized national coalition of farming interests to support defense. Discussed prosecution with federal elected representatives and staffs; opposition to prosecution became a talking point for federal officials interested in regulatory reform.
American Farm Bureau and California Farm Bureau (various matters). Filed U.S. Supreme Court amicus briefs, at both certiorari and merits stages, on Due Process concerns with the Clean Water Act. Those concerns were picked up by Justice Kennedy in his concurrence in one of these cases, Hawkes v. United States.
The Republic of Palau. Represented Palau in United Nations negotiations over destructive fishing practices in the high seas, the security and resource implications of climate change, and the extended continental shelf.
Bay Island Club v. California Coastal Commission. Complete win in Court of Appeal for client challenging a public-access condition in a coastal development permit.
Mark Pasternak d/b/a Devil’s Gulch Ranch (various matters). Successfully tried, through judgment, neighbor dispute over client’s historic farm road. Successfully challenged Marin County decision to restrict client’s use permit for agriculturally related activities on property. Successfully co-defended client in misdemeanor Fish & Game Code charge, resulting in complete dismissal of charge on the day of trial.
Prior to coming to Briscoe Ivester & Bazel in 2008, Mr. Prows clerked for Judge Charles N. Brower of 20 Essex Street Chambers, London, in his private international arbitration practice, and for Judge Abdul G. Koroma of Sierra Leone at the International Court of Justice in The Hague.
Counsel, Venable LLP
Tyler Welti is counsel in Venable's Environmental Practice in the San Francisco office. Drawing on his experience with the U.S. Department of Justice's Environment & Natural Resources Division, he represents clients in a wide range of federal and state environmental, natural resources, land use, and other litigation matters, including government enforcement actions, citizen suits, California Environmental Quality Act petitions, and Administrative Procedure Act challenges and appeals. He has particular expertise in counseling and defending project developments involving a federal or state nexus, including transportation, renewable and conventional energy development, timber, mining, water, and other infrastructure projects.
Mr. Welti's experience includes counseling and litigation involving the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Clean Water Act (CWA), Clean Air Act (CAA), Marine Mammal Protection Act (MMPA), Indian Gaming Regulatory Act (IGRA), National Historic Preservation Act (NHPA), Federal Land Policy and Management Act (FLPMA), National Forest Management Act (NFMA), Outer Continental Shelf Lands Act (OCSLA), Mining Law, Mineral Leasing Act, Antiquities Act, Migratory Bird Treaty Act, and many other state and federal laws and regulations.
He began his career as a trial attorney with the U.S. Department of Justice's Environment & Natural Resources Division, where he served as lead counsel on a number of major environmental cases. He received a special distinction award for tireless efforts on behalf of the American public for his work on the Deepwater Horizon litigation. He also served as a judicial law clerk to the Honorable Consuelo M. Callahan for the U.S. Court of Appeals for the Ninth Circuit.
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.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Analyzing the New Proposed Rule Defining “Waters of the United States"
Environmental Law & Property Rights Practice Group and Regulatory Transparency Project Teleforum
TeleforumPipeline Energy Infrastructure Legal Challenges
TeleforumWaters of the United States: Interpreting the Clean Water Act
Donald J. Kochan, Robert Glicksman
What is the Clean Water Act? Have historical interpretations of its scope changed over the...
Will We Soon Have Clarity on Navigable Waters?: How the Supreme Court’s October 2017 Term Set the Stage
Tony Francois
Note from the Editor: This article discusses the longstanding legal battle over the meaning of...
The Clean Water Act and Groundwater Pollution: A Natural Fit or an Interpretive Stretch?
Damien Michael Schiff
The scope of the Clean Water Act is a notoriously difficult question. Attention has largely...
The Clean Water Act and Groundwater Pollution: A Natural Fit or an Interpretive Stretch?
TeleforumTopics
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...
Executive Overreach at the EPA? The Pebble Mine Clean Water Act Dispute
Shannen W. Coffin, Tom Collier, Myron Ebell, Robert Perciasepe
Perhaps in no area was President Obama’s expansive approach to executive authority more apparent than...
Executive Overreach at the EPA? The Pebble Mine Clean Water Act Dispute
Environmental Law & Property Rights Practice Group Teleforum
TeleforumThe Clean Water Act’s 404(f) Exemptions
Peter Prows, Tyler G. Welti, Jonathan Wood, Tony Francois
The Clean Water Act’s geographic scope has demanded much attention recently, with high profile efforts...