Partner, Earth & Water Law
Susan Bodine is a partner at Earth & Water Law.
Susan Bodine is a former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA). Prior to this position, Susan served as Chief Counsel for the Senate Committee on Environment and Public Works and previously worked for the House Committee on Transportation and Infrastructure.
This is Susan’s second position at EPA, having served as Assistant Administrator for the Office of Solid Waste and Emergency Response (now the Office of Land and Emergency Management) from 2006 to 2009.
Susan has also practiced environmental law at Covington and Burling LLP and at Barnes and Thornburg LLP.
Susan is a graduate of Princeton University and the University of Pennsylvania School of Law.
President, Environmental Law Institute
In September 2015, Scott Fulton was selected as ELI’s fifth President. Previously, Mr. Fulton was a Principal at the environmental law firm Beveridge & Diamond, P.C., and served as General Counsel of the U.S. Environmental Protection Agency (EPA) and in a number of other high-ranking government leadership positions.
Scott has a steadfast commitment to ensuring that ELI’s core functions as a convener, educator, publisher of legal scholarship and policy dialogue, and research engine remain a sound foundation on which to build for the future. He also is focused on making sure that ELI is adapting and modernizing in alignment with a rapidly changing world. Under his leadership, ELI has:
Mr. Fulton’s Past Record of Service
In addition to his role as EPA’s General Counsel, Mr. Fulton served in a number of other key leadership roles in both Republican and Democratic Administrations, including as Acting EPA Deputy Administrator, head of EPA’s Office of International Affairs, Judge on the Environmental Appeals Board, and head of the Agency’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division. An international expert on environmental governance and rule of law, he serves as a member of the United Nations Advisory Council on Environmental Justice and teaches International Environmental Governance as an adjunct professor at George Washington School of Law. He received the two highest awards given by the U.S. government for outstanding leadership—the Presidential Meritorious Executive Service Award, and the Presidential Distinguished Executive Service Award—and has been inducted into the American College of Environmental Lawyers.
Highlights of Mr. Fulton’s EPA career include:
Managing Co-Founder, Water Finance Exchange
Hank has served in many areas of environmental business and policy. His career in the environmental policy world has included leadership positions at the U.S. Environmental Protection Agency as COO (Deputy Administrator) from 1989-1993. During his time with the EPA he oversaw the development of innovative air and water programs to prevent pollution, including the development of the Energy Star program and implementation of market based trading programs under the 1990 Clean Air Act amendments. He has also served at the U.S. Department of Justice as Assistant Attorney General in charge of the Environment and Natural Resources Division from 1983-87.
In business and investing, Hank has served as Senior Vice President in charge of acquisitions and other divisions of Safety-Kleen, a billion-dollar environmental service company. He has also served as Managing Partner of SAIL Capital Partners and Vice President of William D. Ruckelshaus Associates, which co-managed the successful Environmental Venture Fund. As Co-Founder of Capital E, LLC, a strategic consultancy, he advised Fortune 100 and early stage ventures on sustainable growth strategies. He also previously served as CEO of the Global Environment & Technology Foundation (GETF).
Hank has held numerous Board seats over the years. These positions include serving as Managing Director of the US Water Partnership, Chairman of the Board of WaterHealth International, Co-Founder of the American Council on Renewable Energy and Member of the Board of the Global Water Challenge. He served as Commissioner of the National Commission on Energy Policy, has advised several Cabinet Secretaries and serves on the Advisory Board to the National Renewable Energy Lab and the Pacific Northwest National Lab. In 1991 the EPA awarded him with the Total Quality Leadership Award and in 2009 he received the national Richard Mellon Award for Environmental Stewardship. Hank holds a Bachelors degree with High Honors from Princeton University (Woodrow Wilson School) and a J.D. from the University of Virginia.
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.
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, Earth & Water Law
Susan Bodine is a partner at Earth & Water Law.
Susan Bodine is a former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA). Prior to this position, Susan served as Chief Counsel for the Senate Committee on Environment and Public Works and previously worked for the House Committee on Transportation and Infrastructure.
This is Susan’s second position at EPA, having served as Assistant Administrator for the Office of Solid Waste and Emergency Response (now the Office of Land and Emergency Management) from 2006 to 2009.
Susan has also practiced environmental law at Covington and Burling LLP and at Barnes and Thornburg LLP.
Susan is a graduate of Princeton University and the University of Pennsylvania School of Law.
President, Environmental Law Institute
In September 2015, Scott Fulton was selected as ELI’s fifth President. Previously, Mr. Fulton was a Principal at the environmental law firm Beveridge & Diamond, P.C., and served as General Counsel of the U.S. Environmental Protection Agency (EPA) and in a number of other high-ranking government leadership positions.
Scott has a steadfast commitment to ensuring that ELI’s core functions as a convener, educator, publisher of legal scholarship and policy dialogue, and research engine remain a sound foundation on which to build for the future. He also is focused on making sure that ELI is adapting and modernizing in alignment with a rapidly changing world. Under his leadership, ELI has:
Mr. Fulton’s Past Record of Service
In addition to his role as EPA’s General Counsel, Mr. Fulton served in a number of other key leadership roles in both Republican and Democratic Administrations, including as Acting EPA Deputy Administrator, head of EPA’s Office of International Affairs, Judge on the Environmental Appeals Board, and head of the Agency’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division. An international expert on environmental governance and rule of law, he serves as a member of the United Nations Advisory Council on Environmental Justice and teaches International Environmental Governance as an adjunct professor at George Washington School of Law. He received the two highest awards given by the U.S. government for outstanding leadership—the Presidential Meritorious Executive Service Award, and the Presidential Distinguished Executive Service Award—and has been inducted into the American College of Environmental Lawyers.
Highlights of Mr. Fulton’s EPA career include:
Managing Co-Founder, Water Finance Exchange
Hank has served in many areas of environmental business and policy. His career in the environmental policy world has included leadership positions at the U.S. Environmental Protection Agency as COO (Deputy Administrator) from 1989-1993. During his time with the EPA he oversaw the development of innovative air and water programs to prevent pollution, including the development of the Energy Star program and implementation of market based trading programs under the 1990 Clean Air Act amendments. He has also served at the U.S. Department of Justice as Assistant Attorney General in charge of the Environment and Natural Resources Division from 1983-87.
In business and investing, Hank has served as Senior Vice President in charge of acquisitions and other divisions of Safety-Kleen, a billion-dollar environmental service company. He has also served as Managing Partner of SAIL Capital Partners and Vice President of William D. Ruckelshaus Associates, which co-managed the successful Environmental Venture Fund. As Co-Founder of Capital E, LLC, a strategic consultancy, he advised Fortune 100 and early stage ventures on sustainable growth strategies. He also previously served as CEO of the Global Environment & Technology Foundation (GETF).
Hank has held numerous Board seats over the years. These positions include serving as Managing Director of the US Water Partnership, Chairman of the Board of WaterHealth International, Co-Founder of the American Council on Renewable Energy and Member of the Board of the Global Water Challenge. He served as Commissioner of the National Commission on Energy Policy, has advised several Cabinet Secretaries and serves on the Advisory Board to the National Renewable Energy Lab and the Pacific Northwest National Lab. In 1991 the EPA awarded him with the Total Quality Leadership Award and in 2009 he received the national Richard Mellon Award for Environmental Stewardship. Hank holds a Bachelors degree with High Honors from Princeton University (Woodrow Wilson School) and a J.D. from the University of Virginia.
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.
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, FisherBroyles LLP
Paul Beard II is an environmental and land-use partner with FisherBroyles LLP.
JD/MPP student, NYU School of Law and the Harvard Kennedy School
Daniel Cheung was a 2015 summer law clerk with Alston & Bird and is presently a JD/MPP student at the NYU School of Law and the Harvard Kennedy School.
Founding Partner, Boyden Gray & Associates
Ambassador C. Boyden Gray is the founding partner of Boyden Gray & Associates, a law and strategy firm in Washington, D.C., focused on constitutional and regulatory issues.
Mr. Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush. In the Reagan administration, he was Counsel to the Presidential Task Force on Regulatory Relief, for which he wrote the original Executive Order 12291 requiring cost-benefit analysis and White House review of regulations (later renumbered as current EO 12866). In the George H.W. Bush Administration, Mr. Gray was in charge of judicial selection and was also instrumental in the enactment of the Clean Air Act Amendments of 1990, the Energy Policy Act of 1992, and a cap-and-trade system for acid rain emissions. In 1993, he received the Presidential Citizens Medal. Under President George W. Bush, Mr. Gray was U.S. Ambassador to the European Union and U.S. Special Envoy to Europe for Eurasian Energy.
Mr. Gray practiced law for 25 years at the law firm of Wilmer, Cutler & Pickering and was chairman of the Administrative Law and Regulatory Practice Section of the American Bar Association from 2000 to 2002. Early in his career, Mr. Gray helped to develop the Business Roundtable and served as its first counsel. He is an adjunct professor at Antonin Scalia Law School and a former adjunct professor at NYU Law School (teaching energy and environmental law). Mr. Gray is on the Board of Directors of the Atlantic Council, the Federalist Society, Reason Foundation, and the Trust for the National Mall.
Mr. Gray earned his A.B. magna cum laude from Harvard, where he was an editor of the Crimson, and his J.D. with high honors from the University of North Carolina at Chapel Hill, where he was editor-in-chief of the Law Review. Mr. Gray served in the United States Marine Corps, and after law school, he clerked for Earl Warren, Chief Justice of the United States Supreme Court.
Partner, Earth & Water Law
Susan Bodine is a partner at Earth & Water Law.
Susan Bodine is a former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA). Prior to this position, Susan served as Chief Counsel for the Senate Committee on Environment and Public Works and previously worked for the House Committee on Transportation and Infrastructure.
This is Susan’s second position at EPA, having served as Assistant Administrator for the Office of Solid Waste and Emergency Response (now the Office of Land and Emergency Management) from 2006 to 2009.
Susan has also practiced environmental law at Covington and Burling LLP and at Barnes and Thornburg LLP.
Susan is a graduate of Princeton University and the University of Pennsylvania School of Law.
President, Environmental Law Institute
In September 2015, Scott Fulton was selected as ELI’s fifth President. Previously, Mr. Fulton was a Principal at the environmental law firm Beveridge & Diamond, P.C., and served as General Counsel of the U.S. Environmental Protection Agency (EPA) and in a number of other high-ranking government leadership positions.
Scott has a steadfast commitment to ensuring that ELI’s core functions as a convener, educator, publisher of legal scholarship and policy dialogue, and research engine remain a sound foundation on which to build for the future. He also is focused on making sure that ELI is adapting and modernizing in alignment with a rapidly changing world. Under his leadership, ELI has:
Mr. Fulton’s Past Record of Service
In addition to his role as EPA’s General Counsel, Mr. Fulton served in a number of other key leadership roles in both Republican and Democratic Administrations, including as Acting EPA Deputy Administrator, head of EPA’s Office of International Affairs, Judge on the Environmental Appeals Board, and head of the Agency’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division. An international expert on environmental governance and rule of law, he serves as a member of the United Nations Advisory Council on Environmental Justice and teaches International Environmental Governance as an adjunct professor at George Washington School of Law. He received the two highest awards given by the U.S. government for outstanding leadership—the Presidential Meritorious Executive Service Award, and the Presidential Distinguished Executive Service Award—and has been inducted into the American College of Environmental Lawyers.
Highlights of Mr. Fulton’s EPA career include:
Managing Co-Founder, Water Finance Exchange
Hank has served in many areas of environmental business and policy. His career in the environmental policy world has included leadership positions at the U.S. Environmental Protection Agency as COO (Deputy Administrator) from 1989-1993. During his time with the EPA he oversaw the development of innovative air and water programs to prevent pollution, including the development of the Energy Star program and implementation of market based trading programs under the 1990 Clean Air Act amendments. He has also served at the U.S. Department of Justice as Assistant Attorney General in charge of the Environment and Natural Resources Division from 1983-87.
In business and investing, Hank has served as Senior Vice President in charge of acquisitions and other divisions of Safety-Kleen, a billion-dollar environmental service company. He has also served as Managing Partner of SAIL Capital Partners and Vice President of William D. Ruckelshaus Associates, which co-managed the successful Environmental Venture Fund. As Co-Founder of Capital E, LLC, a strategic consultancy, he advised Fortune 100 and early stage ventures on sustainable growth strategies. He also previously served as CEO of the Global Environment & Technology Foundation (GETF).
Hank has held numerous Board seats over the years. These positions include serving as Managing Director of the US Water Partnership, Chairman of the Board of WaterHealth International, Co-Founder of the American Council on Renewable Energy and Member of the Board of the Global Water Challenge. He served as Commissioner of the National Commission on Energy Policy, has advised several Cabinet Secretaries and serves on the Advisory Board to the National Renewable Energy Lab and the Pacific Northwest National Lab. In 1991 the EPA awarded him with the Total Quality Leadership Award and in 2009 he received the national Richard Mellon Award for Environmental Stewardship. Hank holds a Bachelors degree with High Honors from Princeton University (Woodrow Wilson School) and a J.D. from the University of Virginia.
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.
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.
Former Administrator, U.S. Environmental Protection Agency
Scott Pruitt served as the 14th Administrator of the U.S. Environmental Protection Agency.
As Administrator, Mr. Pruitt’s overarching goal was to lead EPA in a way that our future generations inherit a better and healthier environment as he works with the thousands of dedicated public servants at EPA who have devoted their careers to helping realize this shared vision, while faithfully administering environmental laws.
Prior to the EPA, Pruitt served as the Attorney General for Oklahoma. Almost immediately upon taking office, he worked with his Democratic counterpart in Arkansas to reach agreement to study the water quality of the Illinois River, which crosses the border between the two states and has been enjoyed by generations of Oklahomans. The Statement of Joint Principles provides for a best science study using EPA-approved methods, with both states agreeing, for the first time, to be bound by the outcome.
Also during his tenure as Oklahoma’s Attorney General, Pruitt led an historic water rights settlement between Oklahoma, Oklahoma City and the Choctaw and Chickasaw Tribal Nations that preserved the ecosystems of scenic lakes and rivers on native lands. The agreement, which required Congressional approval, was enacted into Section 3608 of Public Law 114-322 and signed in December 2016. It provides a framework that fosters intergovernmental collaboration on significant water resource concerns with the settlement area, while at the same time protecting existing water rights and affirming the state’s role in water rights permitting and administration.
Water settlement cases can be lengthy, costly, divisive and disruptive; however under Pruitt’s forward-thinking leadership, the process was hailed by all parties as one of commitment, hard work, perseverance and cooperation.
Pruitt became a national leader through a career of advocating to keep power in the hands of hard-working Americans. He has a proven track record of working with others – including industry, farmers, ranchers, landowners and small business owners - who want to do the right thing by the environment.
He has dedicated his career to creating policy that serves the people. He strongly believes that environmental law, policy and progress are all based on cooperation between the states, cooperation between the states and EPA, and cooperation between regulators and the public. As Attorney General for Oklahoma, he led the state’s legal challenges against property rights intrusion, while protecting Oklahoma’s natural resources and environment.
He is recognized as a national leader in the cause to restore the proper balance between the states and federal government, and he established Oklahoma’s first federalism unit to combat unwarranted regulation and overreach by the federal government.
Before being elected attorney general, he served eight years in the Oklahoma State Senate where he was a leading voice for fiscal responsibility.
After earning his Bachelor’s Degree from Georgetown College and graduating from the University of Tulsa College of Law, Pruitt went into private legal practice, specializing in constitutional law.
In addition to his life as a civil servant, Pruitt is a successful entrepreneur. As a co-owner and managing general partner of Oklahoma City’s Triple-A minor league baseball affiliate, the Oklahoma City Redhawks, Mr. Pruitt took over the team’s marketing operations and helped the team become one of the minor league leaders in attendance and merchandise sales.
Pruitt is, first and foremost, a family man. He and Marlyn, his wife of 27 years, proudly raised their daughter, McKenna, and son, Cade, in Tulsa. Pruitt has made it a priority to pass on to his children the same principled family values with which he was raised.
Environmental Law & Property Rights: EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach
Susan P. Bodine, Scott Fulton, F. Henry "Hank" Habicht, Lisa Heinzerling, Lawrence VanDyke
On November 9, 2020, The Federalist Society's Environmental Law & Property Rights Practice Group hosted...
Environmental Law & Property Rights: EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach
Susan P. Bodine, Scott Fulton, F. Henry "Hank" Habicht, Lisa Heinzerling, Lawrence VanDyke
On November 9, 2020, The Federalist Society's Environmental Law & Property Rights Practice Group hosted...
Environmental Law & Property Rights: EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach
2020 National Lawyers Convention
Topics
EPA Reconsiders its Use of Co-Benefits in Cost-Benefit Analysis
In the last days of 2018, EPA invited comment on a proposal (the revised...
March 31, 2017 DC Luncheon with Scott Pruitt
Washington, District of ColumbiaTopics
The Supreme Court Learns a Lesson
In a highly unusual action on Tuesday, the U.S. Supreme Court ordered EPA to halt...
Topics
Supreme Court Preview: American Farm Bureau Federation v. EPA
At its February 19th conference, the Supreme Court will consider whether to hear American Farm...
Utility Air Regulatory Group v. EPA: A Foreshadowing of Things to Come?
Paul J. Beard, Daniel Cheung
On June 23, 2014, the United States Supreme Court issued its decision in Utility Air...
EPA’s Use of Co-Benefits
C. Boyden Gray
Note from the Editor: This article is about environmental regulation and the EPA’s questionable practice...
"Alaska Is Exempt!"
That was the banner headline in Alaska newspapers on August 3, when EPA announced its...