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United States courts of appeals

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Nov 10 2020
Tuesday 2:00 p.m. EDT    

2020 National Lawyers Convention

Regulating Social Media

Nov 10 2020
Tuesday 12:30 p.m. EDT    

Professional Responsibility & Legal Education: Freedom of Association in the Legal Profession

2020 National Lawyers Convention

Speakers:
Thomas B. Griffith • William Hodes • Gregory G. Katsas • William H. Pryor
Topics:
Constitution • First Amendment • Professional Responsibility & Legal Education
Sponsors:
Professional Responsibility & Legal Education Practice Group
Nov 10 2020
Tuesday 12:30 p.m. EDT    

2020 National Lawyers Convention

Freedom of Association in the Legal Profession

Nov 10 2020
Tuesday 11:00 a.m. EDT    

Free Speech & Election Law: Rule of Law, or Just Making it Up? First Amendment Tiered Scrutiny

2020 National Lawyers Convention

Speakers:
Ashutosh Bhagwat • Genevieve Lakier • Dean Reuter • Nicholas Quinn Rosenkranz • David R. Stras • Eugene Volokh
Topics:
Constitution • First Amendment • Free Speech
Sponsors:
Free Speech Practice Group
Nov 10 2020
Tuesday 11:00 a.m. EDT    

2020 National Lawyers Convention

Rule of Law, or Just Making it Up? First Amendment Tiered Scrutiny

Nov 9 2020
Monday 3:45 p.m. EDT    

Administrative Law & Regulation: Regulatory Practice and Oversight in 2021 and Beyond

2020 National Lawyers Convention

Speakers:
Ronald A. Cass • Sally Katzen • Ryan D. Nelson • Adam White
Topics:
Administrative Law & Regulation • Separation of Powers • Federalism & Separation of Powers
Sponsors:
Administrative Law & Regulation Practice Group • COVID-19 and the Law
Nov 9 2020
Monday 3:45 p.m. EDT    

2020 National Lawyers Convention

Regulatory Practice and Oversight in 2021 and Beyond

Nov 9 2020
Monday 2:00 p.m. EDT    

2020 National Lawyers Convention

Prosecutorial Discretion, Partisanship, and the Rule of Law

Nov 9 2020
Monday 12:30 p.m. EDT    

Environmental Law & Property Rights: EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach

2020 National Lawyers Convention

Speakers:
Susan P. Bodine • Scott Fulton • F. Henry "Hank" Habicht • Lisa Heinzerling • Lawrence VanDyke
Topics:
Administrative Law & Regulation • Environmental & Energy Law • Separation of Powers • Federalism & Separation of Powers • Property Rights
Sponsors:
Energy & Environment Practice Group
Nov 9 2020
Monday 12:30 p.m. EDT    

2020 National Lawyers Convention

EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach

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Speaker Information
Thomas B. Griffith

Thomas B. Griffith

Special Counsel, Hunton Andrews Kurth

Biography

After serving on the United State Court of Appeals for the D. C. Circuit from 2005, Judge Griffith stepped down from the bench in 2020.  Currently he is a Lecturer on Law at Harvard Law School, a Fellow at the Wheatley Institute at Brigham Young University, and Special Counsel in the Washington, DC office of the law firm of Hunton Andrews Kurth.  Most recently, he was a member of President Biden's Commission on the Supreme Court. He is the author of  Civic Charity and the Constitution , and the co-author, along with former judges Michael Luttig and Michael McConnell, of Lost, Not Stolen: The Conservative Case that Trump Lost and Biden Won the 2020 Presidential Election. https://lostnotstolen.org/ . Before being appointed to the D. C. Circuit, Judge Griffith was the General Counsel at BYU; Senate Legal Counsel, the non-partisan chief legal officer of the U. S. Senate; and a partner at Wiley, Rein & Fielding. Long active in rule-of-law programs in former communist nations, Judge Griffith is a member of  the international advisory board of the CEELI Institute in Prague. He is a graduate of BYU and the University of Virginia School of Law and is a member of the American Law Institute.

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William Hodes

William Hodes

Professor Emeritus of Law, Indiana University; Co-Author, The Law of Lawyering

Biography

After graduating with honors from Harvard College in 1966, and from Rutgers Law School with highest honors in 1969, W. William Hodes began practice in a small civil rights and personal injury firm in New Orleans, where he had lived as a child. During the next eight years, he worked in Newark, New Jersey, first for the Kenneth Gibson administration, and then as senior staff attorney for the Education Law Center, a public interest law firm funded by the Ford Foundation.

In 1979, Hodes returned to the legal academy, first as a Bigelow Teaching Fellow at the University of Chicago Law School, and then as a Professor of Law at the Indiana University School of Law in Indianapolis. For the next twenty years, Professor Hodes taught in the areas of Civil Procedure, Constitutonal Law, Federal Courts, Administrative Law, and Professional Responsibility. He gained a national reputation as a scholar, consultant, and expert witness in the areas of Legal Ethics and Professional Responsbility, as they were then known.

Beginning in 1985 however, those subjects began to be known as "The Law of Lawyering," after a book of that name was published, co-authored by Professor Hodes and Professor Geoffrey C. Hazard, Jr., who had served as the Reporter to the Kutak Commission that developed the Model Rules of Professional Conduct. The treatise, which is now in its fourth edition and updated twice a year by Hodes and new co-author Peter R. Jarvis of Portland, Oregon, has become a mainstay resource for both the practicing bar and the academic community, and is often cited in court and ethics committee opinions.

While in the academy, Professor Hodes took two unusual sabbatical leaves. In the Spring of 1989, Hodes, who had spent his junior high school years in Beijing and is still fluent in Chinese, was a Visiting Scholar and Lecturer at the China University of Politics and Law, teaching a course in American Civil Procedure and conducting research into Chinese People's Mediation. (The course was suspended in April, when the events leading to the June 4th Tiananmen Massacre began to unfold, and Professor Hodes began to accompany his students on protest marches.)

During the October 1996 Term of the United States Supreme Court, Professor Hodes served as law clerk to Justice Ruth Bader Ginsburg, who had been his Civil Procedure and Conflicts of Law professor some thirty years earlier, during her Rutgers days. According to knowledgeable sources, Hodes was the oldest person to have served as a law clerk since the early 19th Century.

In 1999, W. William Hodes retired from law teaching (at age 56) in order to establish the William Hodes Professional Corporation, which was later renamed The William Hodes Law Firm; he became Professor Emeritus of Law at Indiana University as the new century began. Through this solo practice, Hodes can now devote full time to providing representation, consultation, expert testimony, legal opinions, and other counsel and assistance to lawyers in the areas of The Law of Lawyering, and Constitutional, Appellate, Supreme Court, and other complex litigation.

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Gregory G. Katsas

Gregory G. Katsas

Judge, United States Court of Appeals, District of Columbia Circuit

Biography

Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.

Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.

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William H. Pryor

William H. Pryor

Chief Judge, United States Court of Appeals, Eleventh Circuit

Biography

William H. Pryor Jr. serves as Chief Circuit Judge on the United States Court of Appeals for the Eleventh Circuit.

In 2013–18, he served on the United States Sentencing Commission and, in 2017–18, served as Acting Chair.

He has taught as a visiting professor at the University of Alabama School of Law and previously taught as an adjunct professor at the Cumberland School of Law of Samford University. 

He served as the 45th Attorney General of Alabama from 1997 to 2004.  When he took office, he was the youngest attorney general in the nation. In his reelection, he received the highest percentage of votes of any statewide candidate.

He graduated magna cum laude from Tulane Law School where he finished first in the common-law curriculum and was editor in chief of the Tulane Law Review. He then served as a law clerk for Judge John Minor Wisdom of the U.S. Court of Appeals for the Fifth Circuit.

He is a member of The American Law Institute and an Adviser for the RESTATEMENT OF THE LAW THIRD, CONFLICT OF LAWS. He is a coauthor with Bryan Garner, Justices Gorsuch and Kavanaugh, and several other judges of a treatise, THE LAW OF JUDICIAL PRECEDENT. He has published in the Yale Law Journal, Columbia Law Review, Virginia Law Review, Notre Dame Law Review, Harvard Journal of Law & Public Policy, Yale Law & Policy Review, George Mason Law Review, Florida Law Review, Alabama Law Review, Case Western Reserve Law Review, and Tulane Law Review. He has published op-eds in The Wall Street Journal, The New York Times, National Review, and USA Today. He has debated at National Lawyers’ Conventions of the Federalist Society (including on National Public Radio) and at the Oxford Union in the United Kingdom. And he is listed among several “widely admired judicial writers” in Bryan Garner’s The Redbook: A Manual on Legal Style.

He is a member of the Tulane Law School Hall of Fame and has received the Defender of the Constitution Award from the Heritage Foundation, the Jurist of the Year Award from the Texas Review of Law & Politics, and the St. Thomas More Award from the St. Thomas More Society of Atlanta. Judge Pryor is also a proud member of the National Society of the Sons of the American Revolution.

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Ashutosh Bhagwat

Ashutosh Bhagwat

Boochever and Bird Distinguished Professor of Law, UC Davis School of Law

Biography

Ash Bhagwat joined the UC Davis School of Law faculty in 2011. Prior to joining UC Davis, he taught at UC Hastings College of the Law for seventeen years. Bhagwat is the author of The Myth of Rights, published by the Oxford University Press in 2010, as well as numerous books, articles, and book chapters on a wide variety of subjects, ranging from the structure of constitutional rights, to free speech law, to the California Electricity Crisis. Journals his articles have appeared in include the Yale Law Journal, the Supreme Court Review, the California Law Review, the Administrative Law Review, and the University of Illinois Law Review.

Bhagwat is a summa cum laude graduate of Yale University, where he received a B.A. with Honors in History.  He is also a graduate of The University of Chicago Law School, where he served as Articles Editor of the University of Chicago Law Review.  He then completed clerkships with Judge Richard A. Posner of the United States Court of Appeals for the Seventh Circuit, and Associate Justice Anthony M. Kennedy of the United States Supreme Court.  Prior to joining the Hastings faculty, Bhagwat practiced appellate and regulatory law for two years in the Washington, D.C. offices of the Sidley & Austin law firm.

In May of 2011, Governor Jerry Brown appointed Bhagwat to serve on the Board of Governors of the California Independent System Operator, a public benefit corporation responsible for running the high-voltage electricity grid in California.  In 2003, he was awarded the Rutter Award for Teaching Excellence at UC Hastings. Bhagwat is a member of the American Law Institute.

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Genevieve Lakier

Genevieve Lakier

Professor of Law, Herbert and Marjorie Fried Teaching Scholar, University of Chicago Law School

Biography

Genevieve Lakier’s research explores the connections between culture and law. She is currently engaged in a long-term project exploring the cultural history of the First Amendment, and another project exploring the changing role of the state in the regulation of sex.

Genevieve has an AB from Princeton University, a JD from New York University School of Law, and an MA and PhD in anthropology from the University of Chicago. Between 2006 and 2008, she was an Academy Scholar at the Weatherhead Center for International and Area Studies at Harvard University. After law school, she clerked for Judge Leonard B. Sand of the Southern District of New York and Judge Martha C. Daughtrey of the Sixth Circuit Court of Appeals. Before joining the faculty, Genevieve taught at the Law School as a Bigelow Fellow and Lecturer in Law.

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Dean Reuter

Dean Reuter

Executive Vice President, The Federalist Society

Biography

Dean Reuter is Executive Vice President at the Federalist Society for Law and Public Policy Studies. He has served in two federal government agency Offices of the Inspector General, as Counsel to the Inspector General and Deputy Inspector General, responsible for policing the use of federal funds granted and contracted through those agencies. As such, he helped conduct and oversee criminal investigations across the country. He is the principal author of the non-fiction book, The Hidden Nazi: The Untold Story of America's Deal with the Devil, and editor of Liberty’s Nemesis: The Unchecked Expansion of the State and Confronting Terror: 9/11 and the Future of American National Security. He was appointed by the President and served as Vice-Chairman of the Board of Directors of the Corporation for National and Community Service, and recently served as an appointee on the U.S. Commission on Presidential Scholars. He is a graduate of Hood College (BA with Honors) and the University of Maryland School of Law.

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Nicholas Quinn Rosenkranz

Nicholas Quinn Rosenkranz

Professor of Law, Georgetown University Law Center

Biography

Nicholas Quinn Rosenkranz teaches constitutional law and federal jurisdiction, and he writes articles for the Harvard Law Review and the Stanford Law Review.

He is currently developing a new theory of constitutional interpretation and judicial review. The first installment, entitledThe Subjects of the Constitution, was published in the Stanford Law Review in May of 2010, and it is among the most downloaded articles about constitutional interpretation, judicial review, and/or federal courts in the history of SSRN. The second installment, The Objects of the Constitution, was published in May of 2011, also in the Stanford Law Review. And the comprehensive version is forthcoming as a book by Oxford University Press.

Rosenkranz has served and advised the federal government in a variety of capacities. He clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit (1999-2000) and for Justice Anthony M. Kennedy at the U.S. Supreme Court (October Term 2001). He served as an Attorney-Advisor at the Office of Legal Counsel in the U.S. Department of Justice (November 2002 - July 2004). He often testifies before Congress as a constitutional expert—most recently before the House Financial Services Oversight Subcommittee, regarding the Obama Administration's use of bank settlement agreements to circumvent the Appropriations Clause. He has also filed briefs and presented oral argument before the U.S. Supreme Court. His most recent Supreme Court brief, in Los Angeles v. Patel, was cited by Justice Alito in dissent.

Rosenkranz is a member of the New York Bar and the U.S. Supreme Court Bar. He is a Senior Fellow at the Cato Institute. He serves on the Board of Directors of the Foundation for Individual Rights in Education (FIRE).  He is a founding member of Heterodox Academy and a member of its Executive Committee. He also serves on the Board of Directors of the Federalist Society and as the faculty advisor to the Georgetown chapter.

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David R. Stras

David R. Stras

Judge, United States Court of Appeals, Eighth Circuit

Biography

David Stras became a judge on the United States Court of Appeals for the Eighth Circuit on January 31, 2018. Before serving on the Eighth Circuit, Judge Stras was an Associate Justice of the Minnesota Supreme Court, a position he occupied from July 1, 2010 until his appointment to the Eighth Circuit.

Prior to becoming a judge, Stras was a member of the faculty of the University of Minnesota Law School from 2004 through 2010. He taught and wrote in the areas of federal courts and jurisdiction, constitutional law, criminal law, and law and politics.

Judge Stras received his Bachelor of Arts degree, with highest distinction, in 1995 and his Master of Business Administration in 1999, both from the University of Kansas. He also received his law degree from the University of Kansas School of Law in 1999, where he served as Editor-in-Chief of the Criminal Procedure Edition of the Kansas Law Review.

Following law school, Stras clerked for The Honorable Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit and then for The Honorable J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit.

From 2001 to 2002, he practiced white-collar criminal and appellate litigation with the Washington, D.C., office of Sidley Austin Brown & Wood. Following his year in practice, he clerked for The Honorable Clarence Thomas of the Supreme Court of the United States.

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Eugene Volokh

Eugene Volokh

Thomas M. Siebel Senior Fellow, The Hoover Institution, Stanford University; Gary T. Schwartz Distinguished Professor of Law Emeritus, UCLA School of Law

Biography

Eugene Volokh is the Thomas M. Siebel Senior Fellow at the Hoover Institution (Stanford), as well as the Gary T. Schwartz Distinguished Professor of Law Emeritus and Distinguished Research Professor at UCLA School of Law. He recently retired from teaching at UCLA, after 30 years there, and is now focusing on research.

Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed. 2023), and Academic Legal Writing (5th ed. 2016), as well as over 100 academic law journal articles, mostly on First Amendment law. He is a member of The American Law Institute; the editor-in-chief of the Journal of Free Speech Law; and the creator and coauthor of The Volokh Conspiracy, a leading legal blog founded in 2002 (hosted at the Washington Post from 2014 to 2017 and now at Reason Magazine).

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Ronald A. Cass

Ronald A. Cass

President, Cass & Associates, PC

Biography

Ronald A. Cass is Dean Emeritus of Boston University School of Law (where he was Dean from 1990-2004), President of Cass & Associates, PC, former Vice-Chairman and Commissioner of the U.S. International Trade Commission, former faculty member at Boston University School of Law and the University of Virginia Law School, and Distinguished Senior Fellow at the C. Boyden Gray Center for the Study of the Administrative State. Dean Cass also sits as an arbitrator for commercial, international, and intellectual property rights disputes, and is a former United States member of the Panel of Conciliators of the International Centre for Settlement of Investment Disputes. He is a member of the Council of the Administrative Conference of the United States and has received seven presidential appointments, spanning Presidents Ronald Reagan to Donald J. Trump.

As a law professor, lecturer, and scholar, Dean Cass has been teaching and writing about a wide array of legal issues on topics such as administrative law and regulation, antitrust, constitutional law, communications, intellectual property, international trade, separation of powers, and legal process. He has published more than 160 scholarly books, chapters, articles, and papers, including a leading casebook on administrative law. Dean Cass has taught judges as well as students in schools of law, economics, business, and public policy and has held academic appointments in the United States, Europe, and Latin America.

In addition to his academic work, Dean Cass has participated in numerous important legal cases as an amicus, consultant, or expert, and has advised businesses, law firms, investment funds, and government agencies on a range of trade, antitrust, intellectual property, and regulatory issues. He has a broad range of affiliations with professional groups, and has received numerous honors, fellowships and awards.

Dean Cass is a graduate of the University of Virginia and the University of Chicago Law School.

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Sally Katzen

Sally Katzen

Professor of Practice and Distinguished Scholar in Residence; Co-Director of the Legislative and Regulatory Process Clinic, New York University School of Law

Biography

Sally Katzen served in the Clinton administration as administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget (OMB), as deputy assistant to the president for economic policy and deputy director of the National Economic Council in the White House, and then as the deputy director for management at OMB. She served as the head of the Agency Review Group for the Obama/Biden transition with responsibility for the Executive Office of the President and all government-wide agencies. She has taught both undergraduates and at various law schools. She is a member of the American Law Institute and the National Academy of Public Administration, has served on multiple panels for the National Academy of Sciences, testified frequently before Congress, and is on the board of several non-profit organizations. Before joining the Clinton administration, Katzen was a partner in the Washington, DC, law firm of Wilmer, Cutler & Pickering, specializing in regulatory and legislative matters, while serving in leadership roles in the American Bar Association (including chair of the Section on Administrative Law and Regulatory Practice and as DC delegate to the ABA’s House of Delegates), as president of the Federal Communications Bar Association and as president of the Women’s Legal Defense Fund. She graduated from Smith College and the University of Michigan Law School, where she was the first woman editor-in-chief of the Law Review. She clerked for Judge J. Skelly Wright of the United States Court of Appeals for the District of Columbia Circuit and served in the Carter administration as the general counsel of the Council on Wage and Price Stability in the Executive Office of the President.

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Ryan D. Nelson

Ryan D. Nelson

Judge, United States Court of Appeals, Ninth Circuit

Biography

Judge Nelson was confirmed to the Ninth Circuit in October 2018, as the youngest Circuit Judge to serve from Idaho and he has chambers in his hometown of Idaho Falls. Prior to his confirmation, Judge Nelson served for nine years as General Counsel of Idaho Falls-based Melaleuca, Inc., a consumer goods company. He previously worked in Washington, DC, where he served in all three branches of the federal government, including as Special Counsel for Supreme Court nominations to the Ranking Member of the Senate Judiciary Committee; Deputy General Counsel to the White House Office of Management and Budget; Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice; and a law clerk to Judge Henderson of the United States Court of Appeals for the D.C. Circuit. He has argued in most of the federal courts of appeals and worked on dozens of Supreme Court briefs. He started in the Washington, DC office of Sidley Austin as an appellate lawyer, after clerking for Judges Mosk and Brower of the Iran-U.S. Claims Tribunal at The Hague, and for now-Judge Tom Griffith, then-Senate Legal Counsel, during the impeachment trial of President Clinton. Judge Nelson earned his B.A. from Brigham Young University and his J.D., with honors, from BYU Law School. Judge Nelson has been a member of the Federalist Society since 1998.

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Adam White

Adam White

Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State

Biography

Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.

Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.

Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.

Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.

In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.

Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.

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Susan P. Bodine

Susan P. Bodine

Partner, Earth & Water Law

Biography

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.

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Scott Fulton

Scott Fulton

President, Environmental Law Institute

Biography

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:

  • Initiated and completed a strategic visioning process focused on identifying priorities for engagement, and optimizing the alignment of mission, function, and contribution over the next 5 years (ELI Vision 2021)
  • Focused on strong financial controls and growing our membership, supporters and donors
  • Reorganized the staff to fit within the pillars of Development and Membership, Programs and Publications, and Finance and Administration to achieve stronger results
  • Assumed the leadership of the International Network for Environmental Compliance and Enforcement. This is a partnership of more than 4,000 practitioners from 150 countries who recognize the key role that compliance and enforcement play in environmental protection
  • Initiated a cooperative program with the government of China, providing a platform from which ELI can bolster good governance and rule of law in China
  • Beat its first year targets for the Campaign for ELI Fund, an effort designed to boost sustained financial support for the organization
  • Helped launch the Global Judicial Institute for the Environment – a collaboration of judges around the world dedicated to building judicial capacity for environmental adjudication

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:

  • Playing a key role in the development of U.S. environmental law through his various roles at EPA and DOJ.
  • Serving as a key contributor to the development and implementation of environmental law internationally and to building capacity for environmental protection throughout the world.
  • Serving as a key interface with the Chinese government in the U.S./China relationship on environmental protection.
  • Engaging in and leading numerous regulatory and policy initiatives under the Clean Air Act; Clean Water Act; the Toxic Substances Control Act; the Federal Insecticide, Fungicide and Rodenticide Act; Superfund; the Resource Conservation and Recovery Act; the Oil Pollution Act; and the National Environmental Policy Act.
  • Conceptualizing and catalyzing EPA’s Export Promotion Initiative to stimulate domestic economic development and job growth by promoting for export U.S. environmental services and technologies.
  • Identifying legal tools that enable EPA to enhance environmental quality for historically underserved communities.

 

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F. Henry "Hank" Habicht

F. Henry "Hank" Habicht

Managing Co-Founder, Water Finance Exchange

Biography

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.

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Lisa Heinzerling

Lisa Heinzerling

Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center

Biography

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.

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Lawrence VanDyke

Lawrence VanDyke

Judge, United States Court of Appeals, Ninth Circuit

Biography

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.

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