Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law; Director, Classical Liberal Institute, Civitas Institute University of Texas at Austin
Richard A. Epstein is the Laurence A. Tisch Professor of Law, at New York University, a senior research fellow at the Civitas Institute at the University of Texas Austin, and a senior Lecturer, the University of Chicago. He received an LL.D., h.c . from the University of Ghent, 2003 , and an LLD h.c . from the University of Siegen in 2018 and the Bradley Prize in 2011. He has been a member of the American Academy of Arts and Sciences since 1985. He has edited both the Journal of Legal Studies (1981-1991) and the Journal of Law and Economics (1991-2001). He is also a founder and director of the Classical Liberal Institute at NYU Law School. His most recent book is The Classical Liberal Constitution: The Uncertain Quest for Limited Government (2014). His other books include Takings: Private Property and the Power of Eminent Domain ( 1985); Bargaining with the State (1993); Simple Rules for a Complex World (1995); Principles for a Free Society: Reconciling Individual Liberty and the Common Good (1998); Skepticism and Freedom: A Modern Theory of Classical Liberalism (2003); Design for Liberty: Private Property, Public Administration and the Rule of Law (2011), and most recently, The Myth of Birthright citizenship—and Beyond (2026). He has taught courses in , administrative law, antitrust, constitutional, contracts, environmental law, land use planning; real property, torts and water law. He has written and spoken extensively on a wide range of topics, and is writes a regular column for Defining Ideas.
Chairman and Partner, Earth & Water Law Group
Earth & Water Group Founder, Brent Fewell, has over 25 years of experience in public policy, advocacy, and environmental law.
As an environmental lawyer and former corporate executive and senior U.S. EPA official in EPA’s Offices of Water and Congressional and Intergovernmental Relations, Brent brings a wealth of knowledge and unique perspective to his clients in navigating the regulatory and political arenas in Washington DC. As a highly regarded thought leader on environmental policy and governance matters, his counsel and opinions are sought out by corporate and government leaders around the globe. Brent brings unparalleled energy and passion to the issues in a way that few do to help his clients navigate in an increasingly complex and nuanced regulatory environment.
Brent received his B.S. in Wildlife Management from the University of Maine (high distinction), a Masters in Environmental Management from Duke University, and J.D. from Duquesne University School of Law. (Licensed in PA and DC)
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Deputy Litigation Director, Institute for Justice
Robert McNamara serves as Deputy Litigation Director with the Institute for Justice. He joined the Institute in August 2006 and litigates cutting-edge constitutional cases protecting free speech, property rights, economic liberty and other individual liberties in both federal and state courts.
Robert’s work has resulted in court victories for property owners fighting eminent domain abuse, tour guides fighting unconstitutional restrictions on their speech, taxi drivers seeking the right to own their own business, and many others. Robert also litigates in defense of innovation and entrepreneurship in medical care and was co-counsel in Flynn v. Holder, IJ’s landmark challenge to the federal prohibition on compensating bone marrow donors.
Robert’s writing has been published by outlets including The New York Times, The Wall Street Journal, The Washington Post and dozens more nationwide. His opinions and views on legal issues have been featured in radio and television programs ranging from National Public Radio’s All Things Considered to Fox News Channel’s Hannity & Colmes.
Robert is a graduate of Boston University and the New York University School of Law, where he was a founding member and eventual editor-in-chief of the NYU Journal of Law & Liberty. He currently lives in Virginia with his wife and children.
Robert McNamara is a member of the Virginia bar.
Vice President of Litigation and Deputy General Counsel, National Association of Manufacturers
Peter Tolsdorf is the vice president of litigation and deputy general counsel at the National Association of Manufacturers (NAM). As part of the Manufacturers’ Center for Legal Action, Mr. Tolsdorf works to strengthen the NAM’s ability to promote manufacturing policy objectives through litigation. He also serves as general counsel of The Manufacturing Institute, a nonprofit organization that seeks to help the manufacturing industry attract and develop world-class manufacturing talent.
Mr. Tolsdorf has extensive litigation experience on energy and the environment, labor and employment, product and civil liability, intellectual property, corporate governance and trade issues. At the American Petroleum Institute, he challenged regulatory overreach of the oil and natural gas industry. Mr. Tolsdorf previously served as an attorney at the Federal Energy Regulatory Commission (FERC), where he litigated energy generation and transmission matters. Before the FERC, he litigated cases at major international law firms Bingham McCutchen and McDermott Will & Emery.
Mr. Tolsdorf graduated from The George Washington University Law School, where he served as notes editor of The George Washington Law Review. He lives in Arlington, Virginia, with his wife and two sons.
Harry Reasoner Regents Chair in Law, The University of Texas at Austin School of Law
David Adelman teaches and writes in the areas of environmental law, intellectual property law, and climate change policy. Professor Adelman’s research focuses on the many interfaces between law and science. His articles have addressed such topics as the implications of emerging genomic technologies for toxics regulation, the tensions between legal and scientific evidentiary standards in regulatory decision making, and development of effective policies for promoting innovation relevant to addressing climate change. Professor Adelman clerked for the Honorable Samuel Conti of the United States District Court for the Northern District of California. Before entering academia, he was an associate with the law firm Covington & Burling in Washington, D.C., where he litigated patent disputes and provided counsel on environmental regulatory matters, and a Senior Attorney with the Natural Resources Defense Council also in Washington, D.C. Professor Adelman was an Associate Professor of Law at the University of Arizona Rogers College of Law from 2001 to 2009.
Professor of Law, University of Minnesota Law School
Professor James W. Coleman is a scholar of energy law. He specializes in North American energy infrastructure, transport, and trade. He is also a nonresident senior fellow at the American Enterprise Institute focused on energy policy.
Professor Coleman has testified before Congress on steps to speed up energy infrastructure permits. He also worked with a team of experts as part of Alberta's Royalty Review to revise the Canadian province's management of its vast oil and gas resources.
Before joining Minnesota, Professor Coleman taught at Southern Methodist University's Dedman School of Law, the University of Calgary’s law and business schools, and Harvard Law School. Earlier, he practiced environmental and appellate law at Sidley Austin in Washington, D.C., and clerked for the Honorable Steven M. Colloton of the U.S. Court of Appeals for the Eighth Circuit.
Professor Coleman received two degrees from Harvard University—a J.D. (cum laude) and B.A. in biology (magna cum laude with highest honors in the field). As a result of his undergraduate thesis on butterfly genetics, which required fieldwork in Central Asia, a species of lycaenid butterfly was named after him—Agrodiaetus ripartii colemani.
Managing Director & Head of Global Policy and Public Investment, DigitalBridge Investment Management
Jonathan S. Adelstein is a Managing Director and Head of Global Policy and Public Investment at DigitalBridge Investment Management. In this role, Mr. Adelstein works with all DigitalBridge portfolio companies on public policy and strategic regulatory matters and reviews policy impacts on potential investments.
Prior to joining DigitalBridge, Mr. Adelstein was President and CEO of the Wireless Infrastructure Association (WIA), where he represented over 200 businesses that build, own, and operate wireless infrastructure, including infrastructure owners, developers, carriers, and professional service firms.
Prior to WIA, Mr. Adelstein was nominated to positions by both President Barack Obama and President George W. Bush and confirmed unanimously for each by the U.S. Senate. Under President Obama, Mr. Adelstein headed the U.S. Department of Agriculture’s Rural Utilities Service as Administrator. There, he led the investment of nearly $7 billion under the Recovery Act in rural broadband and water infrastructure and oversaw a $60 billion loan portfolio in rural electric, telecommunications, and water infrastructure. Under President Obama, Mr. Adelstein was appointed to the White House National Science and Technology Council, which coordinates science and technology policy across the Federal government, and the White House Business Council, leading Council meetings with business leaders across America.
Mr. Adelstein was nominated by President Bush and served as Commissioner of the Federal Communications Commission (FCC) from 2002 to 2009. At the FCC, he worked to achieve bipartisan progress on issues including spectrum auctions, broadband expansion, widening access to the Internet and media diversity.
Before the FCC, Mr. Adelstein served at the U.S. Senate, in a number of legislative staff positions, culminating as a senior policy advisor to the Senate Majority Leader.
Mr. Adelstein received an M.A. in History and a B.A., with Distinction, in Political Science from Stanford University. He instructed undergraduates in history as a Teaching Fellow at Harvard University and a Teaching Assistant at Stanford University. He is a graduate of Phillips Academy, Andover.
Partner, Hunton Andrews Kurth
A co-leader of Hunton Andrews Kurth’s environmental practice, Deidre is lauded in Chambers USA, 2016 as “extremely capable,” “very familiar with the regulations and agencies,” and excels at giving clients “good insight into getting an expeditious outcome.” Her practice focuses exclusively on environmental, energy and administrative law.
Deidre represents clients on permitting, compliance and litigation relating to the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. She frequently counsels clients on administrative rulemaking and policy, providing regulatory clarifications when necessary, and drafting federal and state legislation on myriad intricate issues. She is also well known for negotiating and obtaining permits for complicated energy and development projects. Her clients include development companies, oil and natural gas pipelines, electric utilities, agricultural interests, state and local agencies, and various trade associations.
Prior to entering private practice, Deidre served as assistant general counsel of the Army at the Pentagon, advising the secretary of the Army on environmental and land use issues involving the Corps of Engineers’ Civil Works and section 404 Regulatory program, as well as the Base Realignment and Closure (BRAC) program. Deidre has extensive experience with federal regulatory agencies, military departments and the US Department of Justice.
Associate, Hunton & Williams LLP
Kerry L. McGrath is an associate in the Washington, D.C. office of Hunton & Williams LLP and advises clients on environmental, administrative, and homeland security law.
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.
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Senior Policy Counsel, U.S. Nuclear Infrastructure Council
Partner, Baker Botts LLP
Drawing from two decades of experience in senior government, in-house corporate, and private law firm roles, Jeff Wood helps clients with federal enforcement, compliance, litigation, permitting, and policy challenges primarily in the energy and environmental fields.
Prior to joining Baker Botts, Mr. Wood served for almost two years as the Acting Assistant Attorney General (AAG) for the Justice Department's Environment and Natural Resources Division (ENRD). In that capacity, Mr. Wood led ENRD and its more than 600 attorneys and staff representing EPA, Departments of the Interior, Energy, and Defense, and other agencies in civil and criminal enforcement and defensive environmental, energy, and natural resources litigation.
As the top official in ENRD, Mr. Wood managed a complex organization with an annual budget exceeding $200 million and a docket of more than 6,000 cases and matters. E&E News noted that “Wood maintains a strong relationship with ENRD's career staff” (Greenwire, Oct. 31, 2018). He previously served on the staff of the United States Senate Committee on Environment and Public Works.
At the Justice Department, Mr. Wood oversaw the Division's civil and criminal enforcement programs and was responsible for developing legal strategies and approving briefs in key cases including filings before the Supreme Court and Courts of Appeals in coordination with the Office of Solicitor General. In this role, Mr. Wood held the highest level security clearance and worked closely with top leadership at DOJ, EPA, the Interior Department, USDA, the Energy Department, Transportation Department, FERC, NRC and across the Executive Branch, including the White House.
With many years of both private law firm and in-house legal experience, Mr. Wood has handled complex environmental enforcement, regulatory, policy, and litigation matters for electric utilities, energy companies, maritime companies, mining companies, real estate developers, financial institutions, industrial companies and manufacturers, business coalitions, associations, small businesses, and individual property owners. Drawing from his experiences in-house, Mr. Wood brings a common-sense, cost-effective, client-focused approach to his work every day.
With a strong national reputation, Mr. Wood is a frequent speaker on environmental law and policy matters, with recent speeches and presentations at the Environmental Law Institute, Harvard Law School, Vanderbilt Law School, American University Law School, American Bar Association Environmental Law Conferences, the Texas Environmental SuperConference, Air Force Judge Advocate General School's Advanced Environmental Law Course, Baker Institute's Center for Energy Studies (Rice University), and many other venues. He frequently appears in national news to share insights on significant environmental law and policy issues, including recent quotes in the New York Times, Washington Post, Wall Street Journal, Bloomberg, Law360, and E&E News, among others.
Attorney Specializing in Government Relations
Alec D. Rogers is an attorney specializing in government practice and policy in Washington, DC.
A graduate of James Madison College at Michigan State University and the University of Michigan Law School, he practiced law for several years before spending over a decade on Capitol Hill as a staffer to various Members and Committees.
He has reviewed books for the Washington Times, Hardball Times, The Journal of the American Revolution, and The Weekly Standard, and writes on legal matters in Engage, an online publication of the Federalist Society.
Modernizing the National Environmental Policy Act (NEPA)
TeleforumDeep Dive Episode 93 – The Future of the National Environmental Policy Act
David Adelman, James W. Coleman
For the past 50 years, the National Environmental Policy Act (NEPA) has required that the...
Pipeline Energy Infrastructure Legal Challenges
TeleforumTopics
Why Environmental Reviews Take So Long... And How We Can Speed Them Up
On January 1, 1970, President Nixon signed the National Environmental Policy Act (NEPA) into law....
Modernizing the Tribal Consultation Process for Wireless Infrastructure Siting
Jonathan Adelstein, Wade Lindsay
Note from the Editor: This article discusses barriers to establishing wireless infrastructure, particularly with respect...
EPA and U.S. Army Corps Seek to Expand Jurisdiction Under the Clean Water Act
Deidre G. Duncan, Kerry L. McGrath
The U.S. Army Corps of Engineers (“Corps”) and U.S. Environmental Protection Agency (“EPA”) (jointly, the...
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...
Thinking About the "Practically Unthinkable": Energy Infrastructure and the Threat of Low-Probability, High-Impact Events
Adam White
The National Environmental Policy Act1 requires federal agencies to ascertain and evaluate the possible environmental...
NRC Delays Judicial Review of the Yucca Project Termination
C.J Milmoe
Brought to you by the Environmental Law & Property Rights Practice Group The Federalist Society takes...
American Power Act: Senators Kerry and Lieberman Release “Discussion Draft” of New Climate Change Bill
Jeffrey H. Wood, Alec D. Rogers
Brought to you by the Environmental Law & Property Rights Practice GroupThe Federalist Society takes no...