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.
Chief of Staff and Associate Chief Counsel, U.S. Chamber Litigation Center
Stephanie Maloney is chief of staff and associate chief counsel at the U.S. Chamber Litigation Center, the litigation arm of the U.S. Chamber of Commerce. In this capacity, Maloney handles a variety of matters for the Chamber, including environment and energy litigation.
Most recently, Maloney served as Chief of Staff and Counsel in the Environment and Natural Resources Division of the U.S. Department of Justice. In that capacity, she directed litigation strategy, oversaw case briefing, and managed coordination and communication with agency clients in priority cases. And she served as government counsel in cases arising under various environmental and natural resources laws.
Before that, Maloney practiced as an associate in the Appellate and Critical Motions Practice Group at Winston & Strawn LLP. Her work focused on briefing and strategy in complex commercial and appellate litigation at the federal and state level, including merits and amicus curiae briefs to the Supreme Court of the United States.
Maloney served as a law clerk to both the Honorable Edith Brown Clement, of the U.S. Court of Appeals for the Fifth Circuit, and the Honorable Stephen J. Murphy, III, of the U.S. District Court for the Eastern District of Michigan. She graduated cum laude from Notre Dame Law School, where she served as Symposium Editor of the Notre Dame Law Review, and summa cum laude from Loyola University Maryland, where she received a B.A. in Political Science. Maloney also holds a master’s degree in theology from Emory University.
United States District Judge, United States District Court for the Middle District of Florida
In November 2020, the Senate confirmed Kathryn Kimball Mizelle as a United States District Judge for the Middle District of Florida. At age 33, she became the youngest Article III judge in the country. Prior to her confirmation, Judge Mizelle was in private practice at Jones Day, where she focused on complex civil and criminal litigation and appeals. Judge Mizelle previously served at the United States Department of Justice in the Office of the Associate Attorney General, in the Southern Criminal Enforcement Section of the Tax Division, and in the United States Attorney’s Office for the Eastern District of Virginia. Judge Mizelle has also taught as an adjunct professor of law at the University of Florida Levin College of Law and at George Mason University’s Antonin Scalia Law School.
Judge Mizelle earned her B.A., summa cum laude, from Covenant College, and her J.D., summa cum laude, from the University of Florida Levin College of Law. After graduation, Judge Mizelle served as a law clerk at every level of the federal judiciary: at the Supreme Court for Justice Clarence Thomas, at the D.C. Circuit for Judge Gregory G. Katsas, at the Eleventh Circuit for Chief Judge William H. Pryor Jr., and at the Middle District of Florida for Judge James S. Moody Jr.
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)).
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.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
Defend the Constitution, Save the Planet: The Role of Public Interest Groups in Shaping Environmental Law
David D. Doniger, Stephanie Ann Maloney, Kathryn Kimball Mizelle, Robert V. Percival, Damien Michael Schiff
The United States adopted its modern environmental statutes in the 1970s. Among other innovations, Congress...
Standing on the Shoulders of Scrap: Friends of the Earth, Inc. v. Laidlaw Environmental Servs., Inc.
Jeffrey Bossert Clark
In a surprising departure from the trend it set in the 90s of increasing the...