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.
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.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Partner, Steptoe LLP
Shannen W. Coffin is a partner in Steptoe’s Washington office, where co-chairs the firm’s appellate practice and is a member of the regulatory litigation practice group. He frequently represents clients in trial and appellate courts in matters involving constitutional and administrative law challenges to state and federal government regulatory action.
Mr. Coffin previously served as a senior lawyer in the Executive Branch. He was Counsel to Vice President Cheney in the Office of the Vice President of the United States, where, among other things, he served on the White House’s judicial selection committee. Before that, Mr. Coffin served as Deputy Assistant Attorney General in the US Justice Department’s Civil Division, where he was responsible for overseeing and coordinating trial litigation on behalf of the federal government for constitutional challenges to federal statutes, statutory and constitutional challenges to agency programs, and defense of national security and anti-terrorism programs.
CEO, Pebble Partnership
Tom Collier leads the Pebble Partnership as its CEO. Mr. Collier is the former U.S. Department of the Interior chief of staff during the Clinton administration. He holds extensive experience in navigating the federal environmental permitting process. Prior to joining the Partnership in 2014, Mr. Collier spent 40 years serving as a partner for the law firm Steptoe & Johnson in Washington, D.C. As a senior leader in environmental law and permitting, Mr. Collier has worked on Alaska related projects in his career including development of Alpine, CD-5, and the reauthorization of the Trans-Alaska Pipeline System.
Director, Center for Energy and Environment, Competitive Enterprise Institute
Myron Ebell is director of the Center for Energy and Environment at the Competitive Enterprise Institute. Ebell also chairs the Cooler Heads Coalition, which comprises representatives from more than two dozen non-profit organizations based in the United States and abroad that challenge global warming alarmism and oppose energy rationing policies.
Ebell has worked on energy and environment issues for more than two decades, spending more than 15 years at CEI researching and advocating for sensible energy policies that benefit everyone. Instead of policies that simply reacts to alarmism, Ebell advocates for climate policies that reflect the scientifically-supported view that affordable, plentiful, and reliable energy make the world safer, the environment more livable, and should be should be accessible to those who need it most.
Ebell's writings have appeared in a variety of publications, including the New York Post, Wall Street Journal, USA Today, Washington Post, Forbes, London’s Guardian, Standpoint Magazine, Riverside Press Enterprise, Philadelphia Inquirer, and Environmental Law Forum. He has appeared as a guest on numerous television shows, including the ABC Evening News, NBC Nightly News, PBS News Hour, BBC Newsnight, BBC World, CNBC, CNN, C-SPAN’s Washington Journal, MSNBC, ITN, Voice of America, Televisa, Sky TV, Al Jazeera, PBS’s NOW, Fox News's Special Report with Bret Baier, O'Reilly Factor, and Hannity and Colmes. He has spoken frequently on a variety of BBC radio news programs and on hundreds of radio talk shows.
Ebell holds a Bachelor of Arts from Colorado College and an Master of Science from the London School of Economics. He also did graduate work at the University of California at San Diego and at Peterhouse, Cambridge University.
President, Center for Climate and Energy Solutions
Robert Perciasepe serves as president of the nonprofit Center for Climate and Energy Solutions. He served as the Deputy Administrator of the U.S. Environmental Protection Agency during the administration of Barack Obama. Prior to joining the Obama administration, Perciasepe was Chief Operating Officer for the environmental conservation non-profit National Audubon Society. Before that, he served in the administration of President Bill Clinton as the EPA's Assistant Administrator for clean water and then later as the Assistant Administrator for clean air.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Partner, Mayer Brown LLP
An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice(9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in most of the Supreme Court’s recent cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, andAmchem, as well as in leading lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers 2009). Tim is ranked Band 1 in Chambers USA 2012 in Environmental Law ("sources unanimously consider Bishop to be an exceptionally strong appellate lawyer") and Legal 500 2012 comments, "Bishop is 'superb and provides exemplary service.'" Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer’s "migratory bird rule." One leading environmental law professor and practitioner has written that Tim is "industry’s leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown LLP’s 60-strong Supreme Court and Appellate Litigation Practice (which "stands head and shoulders above its competitors," according to Chambers USA 2008). Previously, he served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Recently, Tim was named one of Benchmark’s 2013 Appellate Illinois Litigation Stars.Chambers USA (2007) notes Tim’s “high visibility” and “incredible reputation for appellate law,” and he has been described in theLawdragon 500 as "a high court superstar" and a "top advocate" (2006).
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.
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.
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
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.
Partner, Steptoe LLP
Shannen W. Coffin is a partner in Steptoe’s Washington office, where co-chairs the firm’s appellate practice and is a member of the regulatory litigation practice group. He frequently represents clients in trial and appellate courts in matters involving constitutional and administrative law challenges to state and federal government regulatory action.
Mr. Coffin previously served as a senior lawyer in the Executive Branch. He was Counsel to Vice President Cheney in the Office of the Vice President of the United States, where, among other things, he served on the White House’s judicial selection committee. Before that, Mr. Coffin served as Deputy Assistant Attorney General in the US Justice Department’s Civil Division, where he was responsible for overseeing and coordinating trial litigation on behalf of the federal government for constitutional challenges to federal statutes, statutory and constitutional challenges to agency programs, and defense of national security and anti-terrorism programs.
CEO, Pebble Partnership
Tom Collier leads the Pebble Partnership as its CEO. Mr. Collier is the former U.S. Department of the Interior chief of staff during the Clinton administration. He holds extensive experience in navigating the federal environmental permitting process. Prior to joining the Partnership in 2014, Mr. Collier spent 40 years serving as a partner for the law firm Steptoe & Johnson in Washington, D.C. As a senior leader in environmental law and permitting, Mr. Collier has worked on Alaska related projects in his career including development of Alpine, CD-5, and the reauthorization of the Trans-Alaska Pipeline System.
Director, Center for Energy and Environment, Competitive Enterprise Institute
Myron Ebell is director of the Center for Energy and Environment at the Competitive Enterprise Institute. Ebell also chairs the Cooler Heads Coalition, which comprises representatives from more than two dozen non-profit organizations based in the United States and abroad that challenge global warming alarmism and oppose energy rationing policies.
Ebell has worked on energy and environment issues for more than two decades, spending more than 15 years at CEI researching and advocating for sensible energy policies that benefit everyone. Instead of policies that simply reacts to alarmism, Ebell advocates for climate policies that reflect the scientifically-supported view that affordable, plentiful, and reliable energy make the world safer, the environment more livable, and should be should be accessible to those who need it most.
Ebell's writings have appeared in a variety of publications, including the New York Post, Wall Street Journal, USA Today, Washington Post, Forbes, London’s Guardian, Standpoint Magazine, Riverside Press Enterprise, Philadelphia Inquirer, and Environmental Law Forum. He has appeared as a guest on numerous television shows, including the ABC Evening News, NBC Nightly News, PBS News Hour, BBC Newsnight, BBC World, CNBC, CNN, C-SPAN’s Washington Journal, MSNBC, ITN, Voice of America, Televisa, Sky TV, Al Jazeera, PBS’s NOW, Fox News's Special Report with Bret Baier, O'Reilly Factor, and Hannity and Colmes. He has spoken frequently on a variety of BBC radio news programs and on hundreds of radio talk shows.
Ebell holds a Bachelor of Arts from Colorado College and an Master of Science from the London School of Economics. He also did graduate work at the University of California at San Diego and at Peterhouse, Cambridge University.
President, Center for Climate and Energy Solutions
Robert Perciasepe serves as president of the nonprofit Center for Climate and Energy Solutions. He served as the Deputy Administrator of the U.S. Environmental Protection Agency during the administration of Barack Obama. Prior to joining the Obama administration, Perciasepe was Chief Operating Officer for the environmental conservation non-profit National Audubon Society. Before that, he served in the administration of President Bill Clinton as the EPA's Assistant Administrator for clean water and then later as the Assistant Administrator for clean air.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Partner, Mayer Brown LLP
An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice(9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in most of the Supreme Court’s recent cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, andAmchem, as well as in leading lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers 2009). Tim is ranked Band 1 in Chambers USA 2012 in Environmental Law ("sources unanimously consider Bishop to be an exceptionally strong appellate lawyer") and Legal 500 2012 comments, "Bishop is 'superb and provides exemplary service.'" Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer’s "migratory bird rule." One leading environmental law professor and practitioner has written that Tim is "industry’s leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown LLP’s 60-strong Supreme Court and Appellate Litigation Practice (which "stands head and shoulders above its competitors," according to Chambers USA 2008). Previously, he served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Recently, Tim was named one of Benchmark’s 2013 Appellate Illinois Litigation Stars.Chambers USA (2007) notes Tim’s “high visibility” and “incredible reputation for appellate law,” and he has been described in theLawdragon 500 as "a high court superstar" and a "top advocate" (2006).
Partner, Briscoe Prows Kao Ivester & Bazel LLP
Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States.
Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall.
Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 – 2003.
Attorney, Briscoe Ivester & Bazel LLP
Peter Prows counsels public agencies, private clients, and sovereigns on all manner of water, land use, and environmental issues, from neighbor disputes and development-permit issues to national-profile bet-the-company federal litigation. He is experienced in California’s water rights and quality laws, the Clean Water Act and wetlands regulation, the Coastal Act, CEQA and NEPA, the public trust doctrine, real property, and the law of the sea. He litigates in state and federal trial and appellate courts, including the California and U.S. Supreme Courts, while also counseling clients on compliance matters to avoid disputes and help projects proceed. Mr. Prows also defends clients in environmental enforcement matters, whether administrative, civil, or criminal. Representative matters include:
Drakes Bay Oyster Company v. Jewell. Won an injunction from the Ninth Circuit keeping historic family oyster farm, which the federal and state governments wanted shut down, in business for an extra nearly 2 1/2 years. Organized amicus and other material litigation support from a national coalition of sustainable food advocates, environmentalists, scientists, historians, community members, and affected employees.
Duarte Nursery, Inc. v. United States. With some 600 jobs at risk, settled high-profile federal Clean Water Act enforcement action against wheat farmer for tiny fraction of government’s demand. Organized national coalition of farming interests to support defense. Discussed prosecution with federal elected representatives and staffs; opposition to prosecution became a talking point for federal officials interested in regulatory reform.
American Farm Bureau and California Farm Bureau (various matters). Filed U.S. Supreme Court amicus briefs, at both certiorari and merits stages, on Due Process concerns with the Clean Water Act. Those concerns were picked up by Justice Kennedy in his concurrence in one of these cases, Hawkes v. United States.
The Republic of Palau. Represented Palau in United Nations negotiations over destructive fishing practices in the high seas, the security and resource implications of climate change, and the extended continental shelf.
Bay Island Club v. California Coastal Commission. Complete win in Court of Appeal for client challenging a public-access condition in a coastal development permit.
Mark Pasternak d/b/a Devil’s Gulch Ranch (various matters). Successfully tried, through judgment, neighbor dispute over client’s historic farm road. Successfully challenged Marin County decision to restrict client’s use permit for agriculturally related activities on property. Successfully co-defended client in misdemeanor Fish & Game Code charge, resulting in complete dismissal of charge on the day of trial.
Prior to coming to Briscoe Ivester & Bazel in 2008, Mr. Prows clerked for Judge Charles N. Brower of 20 Essex Street Chambers, London, in his private international arbitration practice, and for Judge Abdul G. Koroma of Sierra Leone at the International Court of Justice in The Hague.
Counsel, Venable LLP
Tyler Welti is counsel in Venable's Environmental Practice in the San Francisco office. Drawing on his experience with the U.S. Department of Justice's Environment & Natural Resources Division, he represents clients in a wide range of federal and state environmental, natural resources, land use, and other litigation matters, including government enforcement actions, citizen suits, California Environmental Quality Act petitions, and Administrative Procedure Act challenges and appeals. He has particular expertise in counseling and defending project developments involving a federal or state nexus, including transportation, renewable and conventional energy development, timber, mining, water, and other infrastructure projects.
Mr. Welti's experience includes counseling and litigation involving the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Clean Water Act (CWA), Clean Air Act (CAA), Marine Mammal Protection Act (MMPA), Indian Gaming Regulatory Act (IGRA), National Historic Preservation Act (NHPA), Federal Land Policy and Management Act (FLPMA), National Forest Management Act (NFMA), Outer Continental Shelf Lands Act (OCSLA), Mining Law, Mineral Leasing Act, Antiquities Act, Migratory Bird Treaty Act, and many other state and federal laws and regulations.
He began his career as a trial attorney with the U.S. Department of Justice's Environment & Natural Resources Division, where he served as lead counsel on a number of major environmental cases. He received a special distinction award for tireless efforts on behalf of the American public for his work on the Deepwater Horizon litigation. He also served as a judicial law clerk to the Honorable Consuelo M. Callahan for the U.S. Court of Appeals for the Ninth Circuit.
Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Topics
Defining the "Waters of the United States"
For decades, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps)...
Analyzing the New Proposed Rule Defining “Waters of the United States"
Daren Bakst, Deidre G. Duncan, Tony Francois
On February 14, 2019, the Environmental Protection Agency and the U.S. Army Corps of Engineers...
Analyzing the New Proposed Rule Defining “Waters of the United States"
Environmental Law & Property Rights Practice Group and Regulatory Transparency Project Teleforum
TeleforumWill We Soon Have Clarity on Navigable Waters?: How the Supreme Court’s October 2017 Term Set the Stage
Tony Francois
Note from the Editor: This article discusses the longstanding legal battle over the meaning of...
Is it a Taking When the Government Floods Your House?
Environmental Law & Property Rights Practice Group Teleforum
TeleforumExecutive Overreach at the EPA? The Pebble Mine Clean Water Act Dispute
Shannen W. Coffin, Tom Collier, Myron Ebell, Robert Perciasepe
Perhaps in no area was President Obama’s expansive approach to executive authority more apparent than...
Executive Overreach at the EPA? The Pebble Mine Clean Water Act Dispute
Environmental Law & Property Rights Practice Group Teleforum
TeleforumDeference Doctrines and the Clean Water Act
Jonathan H. Adler, Timothy Bishop
Recently, Justices of the Supreme Court have called the Court’s deference jurisprudence into significant question....
Deference Doctrines and the Clean Water Act
Environmental Law & Property Rights Practice Group, Administrative Law & Regulation Practice Group, and Regulatory Transparency Project
TeleforumThe Clean Water Act’s 404(f) Exemptions
Teleforum