Charles Yates is an attorney in Pacific Legal Foundation’s environmental practice group, where he litigates to defend private property rights and uphold the structural protections guaranteed by the Constitution’s separation of powers.
His inspiration to focus on environmental law comes from the special case of government overreach it presents, where individual rights too often give way to collectivist notions and where misguided government policies create a cure worse than the disease. Charles has a particularly strong belief in the important role that the productive use of natural resources plays for human flourishing. To these ends, his practice at PLF focuses primarily on the Endangered Species Act, the Clean Water Act, and related regulatory issues.
Charles credits his strong belief in the principles of individual liberty and limited, constitutional government to his family. His personal philosophy developed further while studying the works of Adam Smith, John Locke, James Madison, and other classical liberals. Born and raised in Australia, Charles has always admired the U.S. Constitution as the purest and most enduring application of the ideals of individual liberty and limited government. It was these influences that impressed upon him the desire to pursue a career in public interest litigation.
After obtaining a B.A. in political science and international relations from the University of Western Australia, Charles moved to the U.S., where he earned his J.D. magna cum laude from the University of Baltimore School of Law. During law school, he served as president of his school’s chapter of The Federalist Society and was an editor of the University of Baltimore Law Review. Other highlights from his law school days include an internship at the Cato Institute and a clerkship at the Institute for Justice.
Charles lives in Sacramento with his wife Maxine. In his spare time, he enjoys reading and playing the bass guitar.
Deputy Administrator, United States Environmental Protection Agency
David Fotouhi was sworn in as Deputy Administrator of the United States Environmental Protection Agency on June 16, 2025.
Fotouhi is an experienced environmental attorney who previously served in senior roles at EPA. During the first term of the Trump Administration, Fotouhi served as EPA’s Acting General Counsel and Principal Deputy General Counsel. Prior to rejoining the agency, Fotouhi was a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP practicing environmental law.
Fotouhi grew up in Oklahoma and holds a B.A. from Vanderbilt University and a J.D. from Harvard Law School. Before entering private legal practice, Fotouhi served as a law clerk to the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
Deputy General Counsel, U.S. Environmental Protection Agency
Founder, CGCN Law, PLLC
Senior Litigation Attorney, EarthRights International
Rick Herz is a 1993 Order of the Coif graduate of the University of Virginia School of Law, where he served on the Virginia Law Review. In 1994, he clerked for the Hon. Raymond A. Jackson, U.S. District Judge for the Eastern District of Virginia. Rick was the 1997-1998 Natural Resources Law Institute Fellow at Northwestern School of Law of Lewis and Clark College, where he wrote”Litigating Environmental Abuses Under the Alien Tort Claims Act: A Practical Assessment” , an article about suing multinational corporations for environmental abuses under the Alien Tort Claims Act. He is a member of the New York State Bar. At ERI, Rick directs our work on cases against multinational corporations for international human rights and environmental abuses. As such he is co-counsel for the plaintiffs ERI’s past and ongoing litigation, including Doe v. Unocal, Bowoto v. Chevron, Sahu v. Union Carbide, Wiwa v. Royal Dutch Petroleum, Maynas v. Occidental Petroleum, Doe v. Chiquita, and API v. SEC. He has also filed amicus briefs in the United States Supreme Court and various U.S. Circuit and District courts on behalf of NGOs and law professors in important human rights cases, and he advises human rights and environmental activists and lawyers on international law.
Partner, Jones Day
Eliot Pedrosa is a first chair litigator and trial lawyer with 20 years of experience representing businesses in complex and challenging litigation involving international disputes, financial institutions, securities, and products liability.
Eliot has served as first chair in more than a dozen jury trials and arbitrations and defended clients under investigation by federal and state regulators. Eliot, who is a native Spanish speaker, has in-depth knowledge of Latin American law and recently completed a term as the Senate-confirmed Executive Director of the Inter-American Development Bank (IDB), the largest source of development finance for Latin America and the Caribbean.
Prior to joining Jones Day, Eliot successfully represented clients from around the world, including a German medical device manufacturer, an Israeli software company, the largest sugar producer in Nicaragua, a Spanish language radio station and media company regarding broadcast rights for Mexican soccer matches in the United States, a music company in litigation regarding the sale of a salsa music catalog, a financial services firm in an action alleging improper handling of credit card transactions, and a tobacco company in individual Florida Engle cases.
Eliot has been committed to providing pro bono legal services throughout his career, including representing human trafficking victims, an unaccompanied minor seeking asylum, and a First Amendment challenge to the Florida High School Athletic Association's decision to prohibit use of a stadium loudspeaker for a prayer at a high school football championship game between two private, Christian schools.
Of Counsel, DLA Piper LLP (US)
Harout J. Samra – a Board Certified Specialist in International Law – focuses his practice on international dispute resolution and arbitration matters, including international civil litigation in US courts.
Harout has represented clients from both the public and private sectors, including foreign governments, public officials and clients from a variety of industries. He has experience in international arbitrations administered under the International Chamber of Commerce (ICC), International Centre for Dispute Resolution (ICDR), United Nations Commission on International Trade Law (UNCITRAL), China International Economic and Trade Arbitration Commission (CIETAC), Bogota Chamber of Commerce, Madrid Court of Arbitration and International Centre for Settlement of Investment Disputes (ICSID) arbitration rules.
Harout currently serves as a member of the Florida Supreme Court Judicial Nominating Commission, by appointment of Governor Ron DeSantis. He previously served, by appointment of Governor Rick Scott, as a member of the Florida Third District Court of Appeal Judicial Nominating Commission, and was elected as Chair of the Commission from 2018-2019.
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.
Executive Director and Vice President of Legal Studies , Washington Legal Foundation
Glenn G. Lammi is Executive Director and Vice President of Legal Studies at Washington Legal Foundation (WLF), a national public-interest law firm and policy center. He was a law clerk to WLF’s Legal Studies Division in 1990 and began in January 1992 as the division’s Chief Counsel. Glenn assumed leadership of the Legal Studies Division in 1995, and WLF’s Board appointed him Executive Director in 2021. In his Executive Director role, Glenn has a direct hand in fundraising, donor relations, communications, and the group’s strategic vision. As leader of its publishing and programs division, Glenn monitors legal-policy developments in federal and state courts, regulatory agencies, and legislatures, manages all aspects of WLF’s educational publications and its WLF Legal Pulse blog, and designs and moderates its programming. He is a member of the International Association of Defense Counsel. Glenn earned his bachelor’s degree from Pennsylvania State University in 1988 and graduated from American University’s Washington College of Law in 1991.
Partner, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
JD/MPP student, NYU School of Law and the Harvard Kennedy School
Daniel Cheung was a 2015 summer law clerk with Alston & Bird and is presently a JD/MPP student at the NYU School of Law and the Harvard Kennedy School.
Senior Fellow, Center for Energy and Environment, Competitive Enterprise Institute
Marlo Lewis, Jr. is a Senior Fellow at the Competitive Enterprise Institute, where he writes on global warming, energy policy, and other public policy issues. Prior to joining CEI in April 2002, he served as Director of External Relations at the Reason Foundation in Los Angeles, California. During the 106th Congress, Marlo served as Staff Director of the House Government Reform Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs.
His interests include the science, economics, and politics of global warming policy; the precautionary principle; environmentalism and religion; and the moral basis of free enterprise. Marlo has been published in The Washington Times, Investors Business Daily, TechCentralStation, National Review, and Interpretation: A Journal of Political Philosophy. He has appeared on various television and radio programs, and his ideas have been featured in radio commentary by Rush Limbaugh and G. Gordon Liddy.
Before joining CEI for his first tenure with the organization in 1993, Marlo served as Research Director for the grassroots organization, Citizens Against Government Waste. Earlier, he was a Staff Consultant to the House Foreign Affairs Subcommittee on International Economic Policy and Trade, a Special Assistant at the State Department Bureau of Inter-American Affairs and Bureau of International Organization Affairs, and a Visiting Assistant Professor of Political Science at Claremont McKenna College. He holds a Ph.D. in Government from Harvard University and a B.A. in Political Science from Claremont McKenna College.
Topics
Executive Action Review: The First 100 Days of Trump’s Environmental Policy
We are now more than 100 days into the second Donald Trump administration, and the...
State Court Docket Watch: Ritter v. Oklahoma
Charles Yates
The drafters of the Oklahoma Constitution—“[f]earing excessive power in the hands of one individual”—strictly...
Courthouse Steps Decision Webinar: West Virginia v. EPA
David Fotouhi, Garrett Kral, Justin Schwab
On June 30, 2022, the Supreme Court decided West Virginia v. EPA. In a 6-3...
Foreign Sovereign and International Organization Immunity in U.S. Courts: Recent Developments and the Way Forward
Richard Herz, Eliot Pedrosa, Harout J. Samra
The Foreign Sovereign Immunities Act and its lesser-known sibling, the International Organizations Immunities Act, enacted...
Analyzing the EPA’s Draft Memorandum on Maui v. Hawaii Wildlife Fund
In April, 2020, the United States Supreme Court held that, in certain situations, the Clean...
Deep Dive Episode 45 – Export-Terminal Permit-Denial Suit Implicates Federalism and Foreign Commerce
Donald J. Kochan, Glenn G. Lammi
This Deep Dive episode brings you the audio from a recent teleforum co-hosted by the Regulatory...
Utility Air Regulatory Group v. EPA: A Foreshadowing of Things to Come?
Paul J. Beard, Daniel Cheung
On June 23, 2014, the United States Supreme Court issued its decision in Utility Air...
EPA Regulation of Fuel Economy: Congressional Intent or Climate Coup?
Marlo Lewis
Note from the Editor:1 This paper assesses EPA’s rule setting standards for motor vehicle greenhouse...