Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Senior Attorney of the Clean Energy Program, Earthjustice
Thomas Cmar is a senior attorney for the Clean Energy Program, and is based in Cincinnati, Ohio.
Thomas first joined Earthjustice in 2012 after working for six years as an attorney with the Natural Resources Defense Council, where he specialized in energy and water issues. Thomas was deputy managing attorney of the Earthjustice Coal Program from 2018 to 2021. In 2021, Thomas moved back home to Ohio and spent a year working in private practice before rejoining Earthjustice in 2022.
Thomas has also worked as an adjunct lecturer in the Environmental Policy & Culture Program at Northwestern University, as an attorney with the International Labor Rights Fund in Washington, D.C., and as a law clerk for United States Magistrate Judge Debra Freeman of the United States District Court for the Southern District of New York. He is a 2004 graduate of Harvard Law School and has a B.A. in Politics & Philosophy from the University of Pittsburgh.
Director of Energy Policy, Chamber of Digital Commerce, Digital Power Network
Ms. Czapla is the Director of Energy Policy of the Chamber of Digital Commerce at the Digital Power Network. Prior to her current job, she worked on energy and climate policy at Citizens for Responsible Energy Solutions and the American Action Forum. In addition, Ms. Czapla worked for more than 5 years at Arbo, where she advised developers as well as the federal government on regulatory issues that arise throughout the planning, siting, construction and operation of energy infrastructure projects.
She earned a JD from the Columbus School of Law at the Catholic University of America, as well as a BS in Geological Sciences, and a BA in Philosophy with a concentration in Public Affairs, from George Washington University.
Litigation Counsel, New Civil Liberties Alliance
Kara Rollins, Litigation Counsel, comes to NCLA with experience in vindicating client’s rights from agency overreach and holding the administrative state accountable through government transparency projects. Before joining NCLA, Kara was Counsel for Cause of Action Institute where she represented clients in various Federal Trade Commission enforcement actions. She also engaged in strategic research and oversight of Executive Branch agencies, focusing on administrative rulemaking and government oversight and compliance. Prior to joining the Cause of Action Institute in 2016, she clerked for the Hon. Karen M. Cassidy, A.J.S.C. in the Superior Court of New Jersey, Union Vicinage. Preceding her legal career, Kara served as the Political Programs Manager for the National Federation of Independent Business, where she worked with small business owners throughout the country and learned firsthand about the adverse impact the regulatory state has on individuals.
Kara graduated with honors from Rutgers College, Rutgers University with a B.A. in Political Science in 2007, and cum laude from Catholic University’s Columbus School of Law in 2014. During law school, she was a member of The Catholic University Law Review and a Moot Court Associate for the Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition.
Kara is admitted to practice in the District of Columbia, New York, and New Jersey, as well as to the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court.
Her work has been published on The Hill.com.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Senior Attorney of the Clean Energy Program, Earthjustice
Thomas Cmar is a senior attorney for the Clean Energy Program, and is based in Cincinnati, Ohio.
Thomas first joined Earthjustice in 2012 after working for six years as an attorney with the Natural Resources Defense Council, where he specialized in energy and water issues. Thomas was deputy managing attorney of the Earthjustice Coal Program from 2018 to 2021. In 2021, Thomas moved back home to Ohio and spent a year working in private practice before rejoining Earthjustice in 2022.
Thomas has also worked as an adjunct lecturer in the Environmental Policy & Culture Program at Northwestern University, as an attorney with the International Labor Rights Fund in Washington, D.C., and as a law clerk for United States Magistrate Judge Debra Freeman of the United States District Court for the Southern District of New York. He is a 2004 graduate of Harvard Law School and has a B.A. in Politics & Philosophy from the University of Pittsburgh.
Director of Energy Policy, Chamber of Digital Commerce, Digital Power Network
Ms. Czapla is the Director of Energy Policy of the Chamber of Digital Commerce at the Digital Power Network. Prior to her current job, she worked on energy and climate policy at Citizens for Responsible Energy Solutions and the American Action Forum. In addition, Ms. Czapla worked for more than 5 years at Arbo, where she advised developers as well as the federal government on regulatory issues that arise throughout the planning, siting, construction and operation of energy infrastructure projects.
She earned a JD from the Columbus School of Law at the Catholic University of America, as well as a BS in Geological Sciences, and a BA in Philosophy with a concentration in Public Affairs, from George Washington University.
Litigation Counsel, New Civil Liberties Alliance
Kara Rollins, Litigation Counsel, comes to NCLA with experience in vindicating client’s rights from agency overreach and holding the administrative state accountable through government transparency projects. Before joining NCLA, Kara was Counsel for Cause of Action Institute where she represented clients in various Federal Trade Commission enforcement actions. She also engaged in strategic research and oversight of Executive Branch agencies, focusing on administrative rulemaking and government oversight and compliance. Prior to joining the Cause of Action Institute in 2016, she clerked for the Hon. Karen M. Cassidy, A.J.S.C. in the Superior Court of New Jersey, Union Vicinage. Preceding her legal career, Kara served as the Political Programs Manager for the National Federation of Independent Business, where she worked with small business owners throughout the country and learned firsthand about the adverse impact the regulatory state has on individuals.
Kara graduated with honors from Rutgers College, Rutgers University with a B.A. in Political Science in 2007, and cum laude from Catholic University’s Columbus School of Law in 2014. During law school, she was a member of The Catholic University Law Review and a Moot Court Associate for the Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition.
Kara is admitted to practice in the District of Columbia, New York, and New Jersey, as well as to the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court.
Her work has been published on The Hill.com.
Former Acting Assistant Attorney General, United States Department of Justice; Partner, Winston & Strawn LLP
Jonathan “Jon” Brightbill is a trial and appellate lawyer in Winston’s Washington, D.C. office, and a partner in the firm’s Litigation and White Collar, Regulatory Defense, and Investigations Practices. He represents public and private companies, corporate officers, and other individuals across white collar, regulatory defense, and government and internal investigation matters and rulemaking challenges, as well as complex commercial disputes, citizen suits, and class actions. His commercial litigation experience encompasses business disputes, false advertising, consumer protection and fraud, FCA, and extensive class action defense work; antitrust and unfair competition matters; and intellectual property litigation, such as trademarks, patents, and trade secrets.
Jon served as the Nation’s lead environmental civil and criminal enforcement official and litigator, as Acting Assistant Attorney General for the Environment & Natural Resources Division (“ENRD”) of the U.S. Department of Justice (DOJ). Jon led ENRD’s 425 lawyers, overseeing 6,500 active matters and managing an annual budget of more than $150 million. Jon brings highly experienced executive leadership from among the most senior level of DOJ on white collar and regulatory enforcement, as well as on federal policymaking and rulemaking development and challenges. He speaks with authority on government decision-making processes, and the arguments and perspectives that move regulators and enforcers, best advising and positioning clients to deal with challenges.
Jon argued many of the government’s most significant cases during his time with the DOJ. This included the Navigable Waters Protection Rule and Clean Water Rule Repeal (10th Cir., district courts), the Affordable Clean Energy Rule and Clean Power Plan Repeal (D.C. Cir), defense of EPA actions on pesticide tolerances under FIFRA and the FDCA (9th Cir. en banc), among numerous others. Jon represented the United States in trial courts in both enforcement and defensive cases, including federal enforcement action against Jeffrey Lowe and the Tiger King Park, of Netflix fame, securing a first-of-its-kind injunction for violations of the Endangered Species Act and Animal Welfare Act. Jon directed the litigation and briefing of scores of additional federal cases nationwide, covering all of the major environmental and natural resources statutes, such as the Clean Air Act, the Clean Water Act, FIFRA (pesticides), FDCA (food safety), TSCA (toxics), CERCLA (land remediation), RCRA (waste), National Environmental Policy Act, Federal Land Policy and Management Act, and numerous other land- and resource-management statutes.
Jon has unmatched experience litigating legal and technical issues relating to climate change. He argued in the courts of appeals, including the D.C. Circuit, regarding the most significant climate change regulations by EPA, as well as the preemptive scope of the Clean Air Act. Jon also litigated climate change-related credit and trading schemes and international agreements in district court. During Jon’s time in leadership at ENRD, it successfully defeated one of the most wide-ranging lawsuits regarding climate change to date—obtaining a stay pending interlocutory appeal and dismissal just weeks before a scheduled three-month trial on federal government liability for climate change.
An accomplished trial lawyer, prior to working at DOJ, Jon was a partner in the Washington, D.C. office of another global law firm. He not only represents clients in court, but creatively counsels corporations on balancing business needs and realities with a broad range of litigation risks and compliance obligations. Jon is also an Adjunct Professor at Georgetown University Law Center. He served on the American Bar Association’s E-Discovery Working Group for Bankruptcy Practice, and was a frequent lecturer for District of Columbia Bar Association Continuing Legal Education Programs.
Jon served as an appellate clerk for the Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit, after graduating magna cum laude from the Georgetown University Law Center. He worked in state government as an Executive Policy Specialist for air, waste, land remediation, and radiation matters at the Pennsylvania Department of Environmental Protection.
Senior Attorney of the Clean Energy Program, Earthjustice
Thomas Cmar is a senior attorney for the Clean Energy Program, and is based in Cincinnati, Ohio.
Thomas first joined Earthjustice in 2012 after working for six years as an attorney with the Natural Resources Defense Council, where he specialized in energy and water issues. Thomas was deputy managing attorney of the Earthjustice Coal Program from 2018 to 2021. In 2021, Thomas moved back home to Ohio and spent a year working in private practice before rejoining Earthjustice in 2022.
Thomas has also worked as an adjunct lecturer in the Environmental Policy & Culture Program at Northwestern University, as an attorney with the International Labor Rights Fund in Washington, D.C., and as a law clerk for United States Magistrate Judge Debra Freeman of the United States District Court for the Southern District of New York. He is a 2004 graduate of Harvard Law School and has a B.A. in Politics & Philosophy from the University of Pittsburgh.
Director of Energy Policy, Chamber of Digital Commerce, Digital Power Network
Ms. Czapla is the Director of Energy Policy of the Chamber of Digital Commerce at the Digital Power Network. Prior to her current job, she worked on energy and climate policy at Citizens for Responsible Energy Solutions and the American Action Forum. In addition, Ms. Czapla worked for more than 5 years at Arbo, where she advised developers as well as the federal government on regulatory issues that arise throughout the planning, siting, construction and operation of energy infrastructure projects.
She earned a JD from the Columbus School of Law at the Catholic University of America, as well as a BS in Geological Sciences, and a BA in Philosophy with a concentration in Public Affairs, from George Washington University.
Litigation Counsel, New Civil Liberties Alliance
Kara Rollins, Litigation Counsel, comes to NCLA with experience in vindicating client’s rights from agency overreach and holding the administrative state accountable through government transparency projects. Before joining NCLA, Kara was Counsel for Cause of Action Institute where she represented clients in various Federal Trade Commission enforcement actions. She also engaged in strategic research and oversight of Executive Branch agencies, focusing on administrative rulemaking and government oversight and compliance. Prior to joining the Cause of Action Institute in 2016, she clerked for the Hon. Karen M. Cassidy, A.J.S.C. in the Superior Court of New Jersey, Union Vicinage. Preceding her legal career, Kara served as the Political Programs Manager for the National Federation of Independent Business, where she worked with small business owners throughout the country and learned firsthand about the adverse impact the regulatory state has on individuals.
Kara graduated with honors from Rutgers College, Rutgers University with a B.A. in Political Science in 2007, and cum laude from Catholic University’s Columbus School of Law in 2014. During law school, she was a member of The Catholic University Law Review and a Moot Court Associate for the Seigenthaler-Sutherland Cup National First Amendment Moot Court Competition.
Kara is admitted to practice in the District of Columbia, New York, and New Jersey, as well as to the U.S. District Court for the District of Columbia, the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court.
Her work has been published on The Hill.com.
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.
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.
Crypto, Data Centers, and Climate
A Look at Federal and State Regulation of the Environmental Effects of Bitcoin
Crypto, Data Centers, and Climate
Jonathan Brightbill, Thomas Cmar, Ewelina Czapla, Kara Rollins
In January 2024, the U.S. Energy Information Administration (EIA) initiated an “emergency collection” of information...
Crypto, Data Centers, and Climate
Jonathan Brightbill, Thomas Cmar, Ewelina Czapla, Kara Rollins
In January 2024, the U.S. Energy Information Administration (EIA) initiated an “emergency collection” of information...
Topics
Originally Speaking: Climate Change and Common Law Public Nuisance
Originally Speaking is a written debate series that approaches a contemporary topic from diverse perspectives. The...
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...
EPA’s Endangerment Rule
Jeffrey Bossert Clark
Brought to you by the Environmental Law & Property Rights Practice GroupThe Federalist Society takes no...
The Road from Rio To Kyoto: How Climate Science was Distorted to Support Ideological Objectives
S Singer
I want to present you with the quaint proposition that climate science is relevant for...