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.
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.
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.
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...
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...
Environmental Law After West Virginia v. EPA: Can the Biden Administration’s “Whole of Government” Approaches Survive Judicial Review?
2022 National Lawyers Convention
Washington, DCTopics
Environmental Law After West Virginia v. EPA: Can the Biden Administration’s “Whole of Government” Approaches Survive Judicial Review?
On Saturday morning, a panel of distinguished scholars and practitioners will debate whether the Biden...