Director of Law & Policy, Environmental Integrity Project
Following Princeton and the University of Chicago Law School, David began practicing law at Paul, Weiss, Rifkind, Wharton & Garrison. Eventually tiring of litigation where the result was a wire transfer from Entity A to Entity B, in the early 1990’s David began his environmental law career at the Massachusetts Attorney General’s Office. Since then, he has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. Most recently, he has been busy challenging FERC’s permitting of natural gas pipelines and LNG export terminals. Apart from litigation, David has helped lead efforts on both greenhouse gas regulation and global warming legislation (and may be the only person ever invited to testify by both Barbara Boxer and James Inhofe).
He has drafted a range of federal climate legislation, advised states as to their greenhouse gas regulatory authority (and for many years has represented environmental groups defending state GHG regulations from dormant Commerce Clause challenges). David has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.
Judge, United States Court of Appeals, Sixth Circuit
John K. Bush is a Circuit Judge on the United States Court of Appeals for the Sixth Circuit.
His chambers are in Louisville, Kentucky. Prior to joining the court, Judge Bush was a partner in the
Louisville office of the firm Bingham Greenebaum Doll (now Dentons Bingham Greenebaum),
where he also was co-chair of the firm’s litigation department. He began his legal practice in the
Washington, D.C. office of Gibson Dunn & Crutcher.
Judge Bush served as a law clerk for Judge J. Smith Henley of the United States Court of
Appeals for the Eighth Circuit. He was graduated summa cum laude from Vanderbilt University,
and cum laude from Harvard Law School. He is an adjunct lecturer at The George Washington
University Law School and the Brandeis School of Law at the University of Louisville.
United States Attorney, Eastern District of California
Mr. Grant was appointed by Attorney General Pam Bondi to serve as the United States Attorney for the Eastern District of California beginning on August 11, 2025. Pursuant to 28 U.S.C. § 546(d), he was further appointed by the district court effective December 9, 2025.
Mr. Grant is a veteran of the Department of Justice, having served twice in Washington, D.C.: from 1991 to 1993 as an Attorney-Adviser in the Office of Legal Counsel, and from 2017 to 2021 as a Deputy Assistant Attorney General in the Environment and Natural Resources Division (ENRD). During his tenure at ENRD, he supervised more than a hundred Department litigators advancing the interests of the United States and its agencies in both enforcement and defensive matters, both civil and criminal.
In addition to his service in the Department, Mr. Grant has decades of experience in private practice in Washington, D.C. and Sacramento. That experience includes arguments in the U.S. Supreme Court, the California Supreme Court, and numerous other federal and state courts.
Mr. Grant served as a law clerk to Chief Justice Warren E. Burger (retired) and Associate Justice Clarence Thomas during the Supreme Court’s October 1994 Term. Earlier he served as a law clerk to Judge Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit in Houston, Texas.
Mr. Grant grew up in Modesto, California and raised his family in Sacramento County. He attended the University of California, Berkeley, from which he earned a bachelor’s degree in economics (1986) and a law degree (1990).
Emeritus Dean and Professor of Law, Lewis & Clark Law School
Professor Huffman joined the law school faculty in 1973, was appointed Acting Dean in 1993 and Dean in 1994, and returned to full time teaching in 2006. Born in Fort Benton, Montana, Jim graduated from Montana State University, the Fletcher School of Law and Diplomacy at Tufts University, and the University of Chicago Law School. He has been a visiting professor at Auckland University in New Zealand, the University of Oregon, the University of Athens in Greece and Universidad Francisco Marroquin in Guatemala. He was also a fellow at the Humane Studies Institute and a Distinguished Bradley Scholar at the Heritage Foundation. Jim serves on the boards of the National Crime Victims Law Institute, the Foundation for Research on Economics and the Environment, the Classroom Law Project, and the Rocky Mountain Mineral Law Foundation. He is a member and former Chair of the Executive Committee of the Environment and Property Rights Practice Group of the Federalist Society. He is a member of the Montana Bar Association and is admitted to practice before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court. He is the author of more than 100 articles and chapters on a wide array of legal topics.
Senior Fellow, Ave Maria School of Law and Host of the Four Boxes Diner Second Amendment Channel
Mark W. Smith is a visiting member of the Senior Common Room, New College, Oxford University and a Visiting Fellow in Pharmaceutical Public Policy and Law in the Department of Pharmacology, Oxford University. Mark is also a Distinguished Scholar and Senior Fellow of Law and Public Policy at the Ave Maria School of Law. He hosts the Four Boxes Diner YouTube Channel (youtube.com/TheFourBoxesDiner), which addresses Second Amendment scholarship, cases, history and related issues, and whose videos have received almost 90 million views. Mark's scholarship has been cited by federal courts and by parties before the United States Supreme Court in Viramontes v. Cook County, New York State Rifle & Pistol Ass’n v. Bruen and in United States v. Rahimi. He is a graduate of the NYU School of Law. Mark is also a New York Times bestselling author who appears frequently in the national media including on the Fox News Channel.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
Independent Analyst, None
Allison Hayward most recently served as the Head of Case Selection at the Oversight Board. Previously, she was a Commissioner at the California Fair Political Practices Commission, a Board Member at the Office of Congressional Ethics, and an Assistant Professor of Law at George Mason University School of Law. She also previously worked as Chief of Staff and Counsel in the office of Federal Election Commission Commissioner Bradley A. Smith and practiced election law in California and in Washington DC.
In 1994-1995, Professor Hayward was a judicial clerk for the Honorable Danny J. Boggs, United States Court of Appeal for the Sixth Circuit.
She is a member of the State Bar of California and the District of Columbia Bar.
Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University
Donald Kochan is Professor of Law and Executive Director of the Law & Economics Center (LEC). Professor Kochan is an elected member of the American Law Institute (ALI) and serves as an Adviser to ALI's Restatement of the Law Fourth, Property project. Professor Kochan is a Nonresident Scholar at the Center for the Constitution at Georgetown University Law Center, where he was a Visiting Scholar in residence during Fall 2018. Before joining the Antonin Scalia Law School faculty, he was the Parker S. Kennedy Professor in Law at Chapman University’s Dale E. Fowler School of Law from 2004 to 2020. From 2003 to 2004, Professor Kochan was an Olin Fellow at the University of Virginia School of Law. During 2002-2003, he was a Visiting Assistant Professor of Law at George Mason’s Scalia Law School.
Professor Kochan’s scholarship focuses on areas of property law, constitutional law, administrative law, local government law, natural resources and environmental law, and law & economics. He has published several books and more than 50 scholarly articles and essays in well-regarded law journals. His work has been cited in more than a dozen state and federal court opinions, in more than 75 briefs filed in state and federal courts including more than 25 filed in the U.S. Supreme Court, in dozens of books and treatises, and in more than 800 scholarly articles.
Professor Kochan received his JD from Cornell Law School, where he was a John M. Olin Scholar in Law and Economics and managing editor of the Cornell International Law Journal. During law school, he also served as editor and executive editor of the Harvard Journal of Law & Public Policy symposium issues in 1997 and 1998. He received his BA from Western Michigan University, magna cum laude, with majors in both political science and philosophy, where he studied as the John W. Gill Medallion Scholar and was honored as the Presidential Scholar (awarded to the top graduate in the political science department).
After graduating from law school, Professor Kochan was a law clerk to The Honorable Richard F. Suhrheinrich of the United States Court of Appeals for the Sixth Circuit. Following his clerkship, Professor Kochan was an associate with the firm of Crowell & Moring LLP in Washington, D.C., where he specialized in natural resources & environmental law as well as tort, products, and consumer civil litigation & legislative affairs.
Climate Change Nuisance Suits
David Bookbinder, John K. Bush, Eric Grant, James L. Huffman, Mark W. Smith
Should climate change responsibility be evaluated in the courts or by the elected policymaking branches?...
Topics
Despite Three Dismissals, Baltimore Files Climate Change Public Nuisance Lawsuit
On July 20, just one day after a federal judge dismissed a similar case brought...
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Another Court Rules Against Regulation-by-Litigation in Climate Change Public Nuisance Lawsuits
On July 19, the U.S. District Court for the Southern District of New York dismissed...
Municipality Lawsuit on Climate Change and Public Nuisance: Litigation Update
Donald J. Kochan
Should climate change responsibility be assessed in the courts or by the elected policymaking branches? ...
Municipality Lawsuit on Climate Change and Public Nuisance: Litigation Update
Environmental Law & Property Rights Practice Group Teleforum
TeleforumTopics
Is Global Warming A Public Nuisance?
New York City and a number of California municipalities, including San Francisco and Oakland, have...
Topics
The Los Angeles Rams: Already Winners?
Recent news of the Los Angeles Rams is a win-win-win for the NFL and taxpayers...
Recent State Cases Largely Support Property Rights
Publius
The state courts have continued to issue environmental law and property rights cases. Some support...
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...
The Education of Jerry Brown
Allison R. Hayward
Many readers may recall that populist gadfly and Mayor of Oakland, California Jerry Brown has...