Director, ENRD, Pacific Legal Foundation
Mark Miller is the Director of the Environment and Natural Resources practice group at Pacific Legal Foundation, where he leads the firm’s efforts to protect individuals and small businesses from government overreach in matters involving land and water, and its efforts to encourage America to better harness its abundant natural resources, including energy resources, minerals, timber, and grazing lands. Mark first joined PLF in 2014.
A seasoned appellate specialist, Mark has litigated several high-profile cases for PLF, including Weyerhaeuser v. United States Fish & Wildlife Service, U.S. Army Corps of Engineers v. Hawkes Co., and United States v. Robertson, all of them unanimous Supreme Court of the United States wins for property owners fighting federal overreach via the Clean Water Act and Endangered Species Act.
In 2020, Mark left PLF to serve as General Counsel and later Chief of Staff for then-South-Dakota Governor Kristi Noem. As Noem’s longest-serving chief of staff, he worked behind the scenes to advance limited government, cut red tape, defend individual rights, and promote free-market principles. In 2023, he returned home to PLF.
A frequent commentator and public speaker, Mark regularly appears in print, on radio and TV, and before legislative committees across the country. His commentary and work has been featured in The Wall Street Journal, CBS News, The View, CBN, and Fox News. He is a regular guest each Thursday morning on SiriusXM’s POTUS channel, offering insight on Supreme Court cases and trends.
Mark earned both his undergraduate and law degrees with honors from the University of Florida. He clerked for U.S. District Judge Henry Lee Adams, Jr., and Florida state appellate Judge Emerson R. Thompson, Jr.—two mentors who deepened his commitment to the Bill of Rights, especially the Fourth, Fifth, and Fourteenth Amendments.
Mark serves on the Board of Trustees for the University of Florida College of Law, and he is a member of the boards of directors for both Americans United for Life, the nation’s oldest pro-life non-profit law firm, and Farm of the Child USA, a nonprofit that supports an orphanage and school for children in need in Honduras called La Finca del Niño.
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Courthouse Steps Decision: Weyerhaeuser v. United States Fish & Wildlife Service
Edward Poitevent’s family has owned timber-rich land in Louisiana since Reconstruction. In the 1990s, Weyerhaeuser...
Courthouse Steps Decision: Weyerhaeuser v. United States Fish & Wildlife Service
TeleforumA Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service
Mark Miller
Note from the Editor: This article previews one of the first cases of the Supreme...
Rebuilding the Ark: New Perspectives on Endangered Species Act Reform, Edited by Jonathan H. Adler
James S. Burling
In 2005, Congressman Richard Pombo engineered the passage of the most sweeping reform of the...