Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Government Affairs Director, American Conservation Coalition
Morgan Brummund is the Government Affairs Director for ACC. In this role, she leads ACC’s efforts to advance common-sense environmental and climate solutions on Capitol Hill. Morgan joined ACC from the energy policy world and has spent most of her professional career supporting the U.S. Department of Energy. Morgan was also selected for the 2022-2023 cohort of the Women Leaders in Energy and Climate Fellowship through the Atlantic Council.
Before joining DOE, Morgan worked as an energy policy analyst at the Idaho Governor’s Office of Energy and Mineral Resources. Morgan graduated summa cum laude from Boise State University, where her studies and co-curricular activities focused on the environment, the energy transition, and public policy. While at Boise State, she was selected as the Inaugural Cecil D. Andrus Center Scholar and given the opportunity to support the Idaho Bureau of Land Management’s public lands and NEPA portfolio.
Professor of Law, Georgetown Law
William W. Buzbee is a professor of law at Georgetown University Law Center. In his teaching and scholarship, he specializes in environmental law, legislation and regulation, and administrative law. Recent publications focus on climate regulation, deregulation and law governing agency policy change, and federalism. He also offers seminars on advanced environmental, regulatory, and constitutional law subjects, with his most recent seminar focused on “The Art of Regulatory War.”
Professor Buzbee’s books include the recently published Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War that Transformed New York City (Cornell University Press 2014) and Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question(Cambridge University Press, hardcover 2009, paperback 2011) (William W. Buzbee editor and contributor). He has been a co-author of the 5th , 6th, 7th and forthcoming 8th editions of Environmental Protection: Law and Policy (Aspen/Wolters Kluwer). Law review scholarship includes publications in New York University Law Review, University of Pennsylvania Law Review, Michigan Law Review, Stanford Law Review (co-authored), Cornell Law Review (co-authored), Duke Law Journal (forthcoming), George Washington Law Review, Iowa Law Review, The Journal of Law and Politics and in an array of other journals, books, news outlets, and blogs. Three of his articles have been named among the 10 best environmental or land use law articles of that year and republished in the Land Use and Environment Law Review. He regularly assists with appellate and Supreme Court environmental, federalism, and regulatory litigation, and also has testified before congressional committees on environmental and regulatory matters. He has published op-eds on regulatory and environmental issues with The New York Times, The Hill, CNN, and been quoted and interviewed by numerous press and media outlets.
Professor Buzbee joined Georgetown from Emory Law School, where he was a professor of law and directed its Environmental and Natural Resources Law Program. He also co-directed Emory’s Center on Federalism and Intersystemic Governance. He has been a visiting professor of law at Columbia, Cornell and Illinois law schools. He has also served as a professor for the Leiden-Amsterdam-Columbia Law School Summer Program in American Law. Professor Buzbee is a founding Member Scholar of the Center for Progressive Reform, a Washington D.C.-based regulatory think tank. Professor Buzbee was awarded the 2007-2008 Emory Williams Teaching Award for excellence in teaching. Professor Buzbee clerked for United States Judge Jose A. Cabranes, and before becoming a professor was an attorney-fellow at the Natural Resources Defense Council, and did environmental, land use and litigation work for the New York City law firm, Patterson, Belknap, Webb & Tyler. JD, Columbia Law School, 1986; BA, Amherst College, magna cum laude, 1983.
Lewis & Clark Distinguished Professor of Law Emeritus, Lewis & Clark Law School
Professor Funk is the author of American Constitutional Structure and a co-author of one of the leading administrative law casebooks, Administrative Procedure and Practice: Problems and Cases, as well as Administrative Law: Examples & Explanations and the Federal Administrative Procedure Sourcebook. Together with Professor Craig Johnston, Professor Funk is also a co-author of Legal Protection of the Environment, an environmental law casebook. In 2004-05, Funk was a Senior Fulbright Scholar at the University of Heidelberg, where he taught both American constitutional law and environmental law. Funk has published numerous articles on administrative and environmental issues, including in such publications as the Duke Law Journal, the Harvard Journal on Legislation, the Yale Journal on Regulation, the Administrative Law Review, and the U.C.L.A Journal of Environmental Law and Policy. He has chaired both the Administrative Law and Natural Resources Law Sections of the American Association of Law Schools. Funk is also active in the American Bar Association, where he recently served on the ABA’s President’s Task Force on Preemption of State Tort Law and where he is a Fellow of the Administrative Law and Regulatory Practice Section, which he formerly chaired and on whose Council he served. Professor Funk is also a Center for Progressive Reform Scholar, a member of the American Law Institute, and a Fellow of the American Bar Foundation. He has been admitted to practice in New York, the District of Columbia, and before the U.S. Supreme Court.
Before coming to the law school to teach, Professor Funk was an assistant general counsel at the U.S. Department of Energy and earned a special citation for exceptional performance from the Secretary of Energy. Prior to that Funk served as the principal staff member of the Legislation Subcommittee of the U.S. House of Representatives Permanent Select Committee on Intelligence, where he was instrumental in the drafting of the Foreign Intelligence Surveillance Act. Before joining the House Committee, Funk was a staff attorney in the Office of Legal Counsel of the U.S. Department of Justice, where he received a special commendation for outstanding service. Immediately after law school he clerked for Judge James Oakes of the U.S. Court of Appeals, Second Circuit.
Of Counsel, Covington & Burling LLP
The Honorable Paul J. Ray is currently Of Counsel at Covington & Burling LLP where he advises clients on regulatory opportunities and challenges and helps them formulate and execute advocacy strategies for their regulatory policy priorities before the executive branch and Congress.
During the first Trump Administration, Paul held various senior positions at the Office of Information and Regulatory Affairs (OIRA) within the White House’s Office of Management and Budget, including as acting, and then Senate-confirmed, head of the office. As OIRA Administrator (the "regulations czar"), Paul supervised the review of hundreds of regulations from across the government, drafted numerous executive orders governing the regulatory process, and led the Administration’s regulatory reform effort. As a result of this experience, Paul is well-positioned to help clients understand and achieve regulatory policy priorities in the context of the government’s regulatory agenda and ongoing reform efforts.
Most recently, Paul was also the Director of the Roe Institute for Economic Policy Studies at The Heritage Foundation. In that role, he supervised the formulation of the Foundation’s economic and regulatory policy recommendations and provided technical assistance to congressional committees and staff regarding legislative changes to the regulatory process. In addition to his role at The Heritage Foundation, Paul also served as a Senior Advisor at a strategic advisory firm. Before his time in government, Paul practiced law at a law firm in Washington, specializing in administrative law matters.
Prior to his role at the White House, Paul was Counselor to the Secretary at the U.S. Department of Labor. There he led departmental efforts in high-profile rulemakings and helped formulate the Department’s legal positions and strategy.
Paul served as a law clerk to Supreme Court Justice Samuel Alito and as a law clerk to the Honorable Debra Livingston of the U.S. Court of Appeals for the Second Circuit.
Paul is a thought leader in the conservative legal movement and is a frequent commentator and speaker on regulatory policy and reform matters, including at law schools, professional gatherings, and other venues. He is the Chairman of Innovations in Peacebuilding International and the Regulatory Process Working Group of the Federalist Society’s Regulatory Transparency Project and a public member of the Administrative Conference of the United States. Paul is also an adjunct lecturer at the Hillsdale College School of Government.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
Senior Attorney, Pacific Legal Foundation
Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act.
Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Act, greenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York Times, The Wall Street Journal, Harper’s Magazine, and The Economist, among other publications.
He obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University. While at USD, he was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty. Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims. Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.
Damien lives in Sacramento with his wife, two young sons, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time.
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.
Director of the Center for Energy and Environment and Senior Fellow, Competitive Enterprise Institute
Daren Bakst is Director of the Competitive Enterprise Institute’s Center for Energy and Environment and a Senior Fellow. In this role, he manages, develops, and leads the coalition, advocacy, and research activities of the Center, which is one of the most effective advocates for Free Market Environmentalism.
Before joining CEI as Deputy Director in March, 2023, Daren was a Senior Research Fellow in Environmental Policy and Regulation at the Heritage Foundation, where he played a leading role in the launch of the organization’s new energy and environment center, and created and hosted the Heritage Foundation’s energy and environment podcast the “PowerCast.” During his decade at Heritage, Daren wrote about energy and environmental policy, food and agricultural policy (including editing and co-authoring the book Farms and Free Enterprise), regulation, and trade among other topics.
Daren also worked on environmental policy and regulation at the U.S. Chamber of Commerce, where he was a policy counsel and served as the executive to the association’s Government Oversight, Operations & Consumer Affairs committee, which was responsible for issues such as regulatory process reform. Daren has significant state level experience, working for seven years at the Raleigh, N.C.-based John Locke Foundation, one of the largest state-based, free-market think tanks. As director of legal and regulatory studies, his broad portfolio included energy and environmental policy, regulatory reform, and property rights.
Daren has testified numerous times before Congress, regularly submits comments to federal agencies and has appeared in or been quoted by a wide range of media outlets such as The Wall Street Journal, USA Today, The Washington Times, CNN, Fox Business News, Al-Jazeera America, and U.S. News and World Report. He is a member of the Federalist Society’s Environmental Law and Property Rights Executive Committee and serves on the College Level Advisory Board for Constituting America, an organization that informs and educates about the importance of the U.S. Constitution.
Daren, who hails from Florida, received his bachelor’s and master’s degrees from George Washington University. A licensed attorney, he holds a law degree from the University of Miami and a master of laws degree from American University.
Government Affairs Director, American Conservation Coalition
Morgan Brummund is the Government Affairs Director for ACC. In this role, she leads ACC’s efforts to advance common-sense environmental and climate solutions on Capitol Hill. Morgan joined ACC from the energy policy world and has spent most of her professional career supporting the U.S. Department of Energy. Morgan was also selected for the 2022-2023 cohort of the Women Leaders in Energy and Climate Fellowship through the Atlantic Council.
Before joining DOE, Morgan worked as an energy policy analyst at the Idaho Governor’s Office of Energy and Mineral Resources. Morgan graduated summa cum laude from Boise State University, where her studies and co-curricular activities focused on the environment, the energy transition, and public policy. While at Boise State, she was selected as the Inaugural Cecil D. Andrus Center Scholar and given the opportunity to support the Idaho Bureau of Land Management’s public lands and NEPA portfolio.
Professor of Law, Georgetown Law
William W. Buzbee is a professor of law at Georgetown University Law Center. In his teaching and scholarship, he specializes in environmental law, legislation and regulation, and administrative law. Recent publications focus on climate regulation, deregulation and law governing agency policy change, and federalism. He also offers seminars on advanced environmental, regulatory, and constitutional law subjects, with his most recent seminar focused on “The Art of Regulatory War.”
Professor Buzbee’s books include the recently published Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War that Transformed New York City (Cornell University Press 2014) and Preemption Choice: The Theory, Law and Reality of Federalism’s Core Question(Cambridge University Press, hardcover 2009, paperback 2011) (William W. Buzbee editor and contributor). He has been a co-author of the 5th , 6th, 7th and forthcoming 8th editions of Environmental Protection: Law and Policy (Aspen/Wolters Kluwer). Law review scholarship includes publications in New York University Law Review, University of Pennsylvania Law Review, Michigan Law Review, Stanford Law Review (co-authored), Cornell Law Review (co-authored), Duke Law Journal (forthcoming), George Washington Law Review, Iowa Law Review, The Journal of Law and Politics and in an array of other journals, books, news outlets, and blogs. Three of his articles have been named among the 10 best environmental or land use law articles of that year and republished in the Land Use and Environment Law Review. He regularly assists with appellate and Supreme Court environmental, federalism, and regulatory litigation, and also has testified before congressional committees on environmental and regulatory matters. He has published op-eds on regulatory and environmental issues with The New York Times, The Hill, CNN, and been quoted and interviewed by numerous press and media outlets.
Professor Buzbee joined Georgetown from Emory Law School, where he was a professor of law and directed its Environmental and Natural Resources Law Program. He also co-directed Emory’s Center on Federalism and Intersystemic Governance. He has been a visiting professor of law at Columbia, Cornell and Illinois law schools. He has also served as a professor for the Leiden-Amsterdam-Columbia Law School Summer Program in American Law. Professor Buzbee is a founding Member Scholar of the Center for Progressive Reform, a Washington D.C.-based regulatory think tank. Professor Buzbee was awarded the 2007-2008 Emory Williams Teaching Award for excellence in teaching. Professor Buzbee clerked for United States Judge Jose A. Cabranes, and before becoming a professor was an attorney-fellow at the Natural Resources Defense Council, and did environmental, land use and litigation work for the New York City law firm, Patterson, Belknap, Webb & Tyler. JD, Columbia Law School, 1986; BA, Amherst College, magna cum laude, 1983.
[Film Screening & Discussion] Sackett v. EPA: A Tale of Wetland Regulations
Daren Bakst, Morgan Brummund, William W. Buzbee
Join the Federalist Society and the American Conservation Coalition for a film screening and discussion...
[Film Screening & Discussion] Sackett v. EPA: A Tale of Wetland Regulations
A Regulatory Transparency Project Event
Regulation and Red Tape: Sackett v. EPA: A Tale of Wetland Regulations
William Funk, Paul J. Ray, Damien Michael Schiff
At what point can Americans go to court to defend themselves against agency enforcement action?...
Topics
After Fifty Years of Clean Water Act Confusion, the Supreme Court Should, in Sackett v. EPA, Finally Apply a Reasonable Standard to Federal Government Regulation
The first case of the Supreme Court’s October 2022 term is Sackett v. EPA, No....
Sackett v. Environmental Protection Agency: Compliance Orders and the Right of Judicial Review
Damien Michael Schiff
The United States Supreme Court’s decision in Sackett v. Environmental Protection Agency1 promises to be important...
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...