Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Partner, Baker & Hostetler LLP
Mark DeLaquil is a first-chair trial and appellate advocate who focuses on complex environmental and regulatory proceedings, First Amendment practice and political law.
Mark has been recognized by Chambers USA for environmental litigation (2015 to 2024) and has been named by Law360 as one of the "Top 5 Environmental Attorneys Under the Age of 40" on two occasions.
Partner, BakerHostetler, Adjunct Fellow, The Manhattan Institute
Andrew Grossman leads BakerHostetler’s Appellate and Major Motion team. He has appeared before the U.S. Supreme Court, nearly all the federal courts of appeals, as well as some state appellate courts, litigating high-profile and complex commercial, administrative and constitutional issues.
Andrew works with practice groups across BakerHostetler to identify and tackle complex issues, advise on administrative law and strategy, tee up issues for appeal and tackle appeals. He has developed and implemented litigation and administrative strategies for clients in several fields and industries.
In addition to his practice, Andrew advises members of Congress on matters of constitutional and administrative law, having testified more than a dozen times before the House and Senate Judiciary Committees. He has been a frequent legal commentator on radio and television, having appeared on Fox News, CNN, MSNBC, CNBC, NPR and its affiliates, CBN and elsewhere. His legal commentary has also appeared in dozens of magazines and newspapers, including The Wall Street Journal, USA Today, The Washington Post, The Washington Times and many others.
Andrew is a Senior Legal Fellow at the Buckeye Institute, an Adjunct Fellow the Manhattan Institute and a member of the leadership of the Federalist Society. He previously served as an adjunct scholar at the Cato Institute’s Robert A. Levy Center for Constitutional Studies and a legal fellow at the Heritage Foundation’s Meese Center for Legal and Judicial Studies. He clerked for Judge Edith H. Jones on the U.S. Court of Appeals for the Fifth Circuit.
Judge, United States District Court, Eastern District of Arkansas
Lee Philip Rudofsky is a judge on the United States District Court for the Eastern District of Arkansas. Prior to his 2019 appointment by President Trump, Judge Rudofsky served as the Solicitor General of Arkansas, an Assistant General Counsel at Walmart, a Senior Litigation Associate at Kirkland & Ellis, and counsel to several Republican political campaigns. Today, in addition to his judicial service, Judge Rudofsky teaches law school classes on founding-era constitutional history and, separately, speaks to students across the country about the October 7th Massacre and the subsequent Israeli response. In 2024, Judge Rudofsky helped establish an annual judicial education mission to Israel that offers American judges the opportunity to learn first-hand about the Israeli legal system, Israeli society, and legal issues related to the Israel-Hamas war.
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.
Does EPA’s Clean Power Plan Proposal Violate the States’ Sovereign Rights?
David B. Rivkin, Mark DeLaquil, Andrew Grossman
Note from the Editor: This article discusses the Environmental Protection Agency’s Clean Power Plan under...
Mountaintop Coal Mining: A Permitting Process In Flux
Lee Rudofsky
Brought to you by the Environmental Law & Property Rights Practice GroupMountaintop coal mining is a...
Ripeness, Permitting, and Public Choice
Donald J. Kochan
This article attempts to explain the incentives involved in the permitting process in light of...