Judge, United States Court of Appeals, Seventh Circuit
Michael B. Brennan was confirmed and sworn in as a Circuit Judge for the U.S. Court of Appeals for the Seventh Circuit in May 2018.
He previously worked as a partner in the Milwaukee law firm of Gass Weber Mullins LLC, where he tried cases and handled appeals in federal and state courts, as a judge on the Milwaukee County Circuit, where he presided over a variety of criminal and civil calendars, and as an assistant district attorney in the Milwaukee County District Attorney’s office.
Brennan’s undergraduate degree is from the University of Notre Dame, and his law degree from Northwestern University School of Law, where he was an editor on the law review and the moot court champion. He served as a law clerk on the U.S. District Court for the Eastern District of Wisconsin and the U.S. Court of Appeals for the Seventh Circuit.
Senior Advisor to the Regional Administrator, United States Environmental Protection Agency
Partner, Lehotsky Keller LLP
The New York Times recognized Scott A. Keller as a “legal heavyweight,” who “is praised by opponents as a formidable advocate.”
Mr. Keller has argued 12 cases before the U.S. Supreme Court and 12 cases before the Texas Supreme Court. He is the only practicing lawyer to have argued at least 10 cases in both courts. Mr. Keller frequently represents parties in high stakes appeals, and he has argued many cases in federal courts of appeals throughout the nation. He has earned individual accolades from Lawdragon 500 Leading Litigators in America, Chambers, Legal 500, The American Lawyer, The National Law Journal, Law360, Super Lawyers, The Best Lawyers in America, and other publications.
Before founding Lehotsky Keller Cohn LLP, Mr. Keller headed Baker Botts LLP’s Supreme Court Practice. He also has significant experience at the highest levels in all three branches of government. Mr. Keller served as the Solicitor General of Texas, the State’s chief appellate litigator. He was U.S. Senator Ted Cruz’s chief counsel on the Senate Judiciary Committee. Mr. Keller was a law clerk for Justice Anthony Kennedy of the Supreme Court of the United States and Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. He was also a Bristow Fellow in the U.S. Department of Justice’s Office of the Solicitor General.
Mr. Keller represents clients in cases where public communications strategy is crucial, and he has made numerous media appearances in major outlets such as The New York Times, The Wall Street Journal, BBC, Fox News, NPR, and Politico. As a sought after speaker and writer, Mr. Keller’s articles have appeared in the Stanford Law Review, Virginia Law Review, and Texas Law Review. He has also served as an adjunct professor of constitutional litigation, Supreme Court practice, and federal courts at the University of Texas School of Law.
Partner, Clement & Murphy, PLLC
Erin Murphy is founding partner of Clement & Murphy, PLLC. She is widely recognized as one of the nation’s leading Supreme Court and appellate advocates. She has argued dozens of cases in appellate and trial courts throughout the country, including the Supreme Court and nearly all of the federal courts of appeals. Erin has long been ranked by Chambers & Partners rankings as a leading appellate practitioner, and the National Law Journal has named her one of the nation’s “Outstanding Women Lawyers.” Erin also has an active pro bono practice, through which she has successfully represented many religious organizations and adherents, criminal defendants, asylum applicants, adoptive parents, and more.
Erin is an adjunct professor at her alma mater the Georgetown University Law Center, a member and former officer of the Edward Coke Appellate Inn of Court, and a frequent speaker on topics relating to the Supreme Court and appellate advocacy. In her spare time, Erin serves on the board of directors of Street Law.
Senior Fellow and Director of Constitutional Studies, Manhattan Institute
Ilya Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute and a contributing editor of City Journal. Previously he was executive director and senior lecturer at the Georgetown Center for the Constitution, and before that a vice president of the Cato Institute.
Shapiro is the author of Lawless: The Miseducation of America’s Elites (2025) and Supreme Disorder: Judicial Nominations and the Politics of America’s Highest Court (2020), coauthor of Religious Liberties for Corporations? (2014), and editor of 11 volumes of the Cato Supreme Court Review (2008-18). He has contributed to a variety of academic, popular, and professional publications, including the Wall Street Journal, Harvard Journal of Law & Public Policy, Washington Post, Los Angeles Times, USA Today, National Review, and Newsweek. He also regularly provides commentary for various media outlets, writes the Shapiro’s Gavel newsletter on Substack, and once appeared on the Colbert Report.
Shapiro has testified many times before Congress and state legislatures and has filed more than 500 amicus curiae “friend of the court” briefs in the Supreme Court. He lectures regularly on behalf of the Federalist Society, is a member of the board of fellows of the Jewish Policy Center, was an inaugural Washington Fellow at the National Review Institute, and has been an adjunct law professor at the George Washington University and University of Mississippi. He is also the chairman of the board of advisers of the Mississippi Justice Institute, a barrister in the Edward Coke Appellate Inn of Court, and a former member of the Virginia Advisory Committee to the U.S. Commission on Civil Rights.
Earlier in his career, Shapiro was a special assistant/adviser to the Multi-National Force in Iraq on rule-of-law issues and practiced at Patton Boggs and Cleary Gottlieb. Before entering private practice, he clerked for Judge E. Grady Jolly of the U.S. Court of Appeals for the Fifth Circuit. He holds an AB from Princeton University, an MSc from the London School of Economics, and a JD from the University of Chicago Law School.
Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Corbin Barthold is TechFreedom's Internet Policy Counsel and Director of Appellate Litigation.
Corbin clerked for the Hon. Steven D. Merryday (M.D. Fla.) and the Hon. Robert H. Cleland (E.D. Mich.). After his clerkships, he became an associate, and later a partner, in the Los Angeles office of Browne George Ross LLP, where he engaged in high-stakes complex litigation. He then served as Senior Litigation Counsel at Washington Legal Foundation, a D.C. public-interest firm, where his practice focused on appeals involving administrative law, the separation of powers, antitrust, and tech policy.
Corbin received his J.D. from the University of California, Berkeley, School of Law. He also holds a B.A., magna cum laude and Phi Beta Kappa, from the University of California, San Diego, and an Msc., with distinction, from the London School of Economics.
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.
Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Corbin Barthold is TechFreedom's Internet Policy Counsel and Director of Appellate Litigation.
Corbin clerked for the Hon. Steven D. Merryday (M.D. Fla.) and the Hon. Robert H. Cleland (E.D. Mich.). After his clerkships, he became an associate, and later a partner, in the Los Angeles office of Browne George Ross LLP, where he engaged in high-stakes complex litigation. He then served as Senior Litigation Counsel at Washington Legal Foundation, a D.C. public-interest firm, where his practice focused on appeals involving administrative law, the separation of powers, antitrust, and tech policy.
Corbin received his J.D. from the University of California, Berkeley, School of Law. He also holds a B.A., magna cum laude and Phi Beta Kappa, from the University of California, San Diego, and an Msc., with distinction, from the London School of Economics.
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.
Internet Policy Counsel and Director of Appellate Litigation, TechFreedom
Corbin Barthold is TechFreedom's Internet Policy Counsel and Director of Appellate Litigation.
Corbin clerked for the Hon. Steven D. Merryday (M.D. Fla.) and the Hon. Robert H. Cleland (E.D. Mich.). After his clerkships, he became an associate, and later a partner, in the Los Angeles office of Browne George Ross LLP, where he engaged in high-stakes complex litigation. He then served as Senior Litigation Counsel at Washington Legal Foundation, a D.C. public-interest firm, where his practice focused on appeals involving administrative law, the separation of powers, antitrust, and tech policy.
Corbin received his J.D. from the University of California, Berkeley, School of Law. He also holds a B.A., magna cum laude and Phi Beta Kappa, from the University of California, San Diego, and an Msc., with distinction, from the London School of Economics.
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.
Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Partner, Winston & Strawn LLP
Gordon Coffee is a litigation partner in the firm’s Washington, D.C. office. Coffee’s success in litigating multimillion-dollar claims by and against energy companies has led to his being repeatedly recommended for energy litigation by Legal 500. Among the energy companies for whom he has served as lead trial counsel are Midland Cogeneration Venture, Allegheny Energy Supply, and USGen New England. Coffee also has effectively represented several other businesses in complex commercial litigation at the trial and appellate levels.
Besides commercial litigation, Coffee has defended energy and health-care companies in battles with federal agencies in federal court and administrative proceedings. He recently won summary judgment for a company seeking a multimillion-dollar refund from a federal agency and assisted hydroelectric generators in challenging onerous license conditions imposed by another federal agency. In the health-care arena, he convinced the D.C. Circuit to overturn regulations issued by the Centers for Medicare and Medicaid Services that prohibited physicians from charging technical fees for surgical procedures on a per-use basis, and he secured an injunction barring the Department of Health and Human Services from enforcing Stark Act regulations against lithotripsy providers.
Moreover, Coffee has successfully represented several energy companies in federal agency investigations. Notably, he has secured nearly a dozen favorable resolutions of Federal Energy Regulatory Commission (FERC) and North American Electric Reliability Corporation (NERC) investigations and audits. In several cases, he persuaded FERC or NERC to take no adverse action against the company or to dismiss proposed notices of violations. In other instances, his efforts resulted in substantial reductions in penalties proposed by the agency and helped his clients avoid expensive mitigation and compliance plans.
Director, Electricity Law Initiative, Harvard Law School
Ari Peskoe is the Director of the Electricity Law Initiative at the Harvard Law School Environmental and Energy Law Program. He has written extensively about electricity regulation, on issues ranging from Constitutional challenges to states’ energy laws to federal regulation of distributed energy resources. Prior to the Environmental and Energy Law Program, Ari was an associate at a law firm in Washington, D.C. where he litigated before the Federal Energy Regulatory Commission about the Western Energy Crisis. Before that, Ari was a Peace Corps Volunteer in Ghana and spent two years trying to bring the 2012 Olympics to New York. He received his J.D. from Harvard Law School and graduated from the University of Pennsylvania with degrees in electrical engineering and business.
Partner, Bracewell LLP
Jeffrey Holmstead, former assistant administrator of the United States Environmental Protection Agency for Air and Radiation, is one of the nation’s leading climate change lawyers as recognized by Chambers USA (2008-2016) and heads the environmental strategies group (ESG) at Bracewell. The ESG is a multi-disciplinary group that includes environmental and energy attorneys, public policy advocates and strategic communications experts – most of whom have had high-level government experience. Under Jeffrey’s leadership, they work together on a daily basis to advise and defend companies and business groups confronting major environmental and energy-development challenges, both domestically and globally.
From his time in both the government and the private sector, Jeffrey is very familiar with the environmental and energy challenges facing the business community. He advises clients dealing with an increasingly complex regulatory, legal and public relations landscape, drawing on his experience in policy development, administrative and legislative advocacy, litigation and strategic communications. He has worked with clients in a number of industries on issues related to climate change, Clean Air Act policy and enforcement, and energy policy — including the development of new coal-fired power plants, refineries, renewable energy sources, and electric transmission infrastructure.
Jeffrey headed the EPA’s Office of Air and Radiation from 2001 to 2005, longer than anyone in EPA history. During his tenure, he was the architect of several of the agency’s most important initiatives, including the Clean Air Interstate Rule, the Clean Air Diesel Rule, the Mercury Rule for power plants and the reform of the New Source Review program. He also oversaw the development of the Bush Administration’s Clear Skies Legislation and key parts of its Global Climate Change Initiative. Between 1989 and 1993, Jeffrey served on the White House Staff as Associate Counsel to former President George H.W. Bush. In that capacity, he was involved in the passage of the Clean Air Act Amendments of 1990 and the key steps taken to implement those amendments. From 1987 to 1988, he served as a law clerk to Judge Douglas H. Ginsburg on the U.S. Court of Appeals for the District of Columbia.
He received his B.A. from Brigham Young University, summa cum laude, and his J.D. from Yale Law School.
Partner, Donahue & Goldberg LLP
Megan M. Herzog is a Massachusetts-based attorney whose practice is focused on environmental, natural resources, and energy litigation and administrative advocacy. She is a member of the bar of the Commonwealth of Massachusetts, and practices in state and federal appellate courts.
Megan is a 2011 graduate of Stanford Law School, where she was Co-Editor-in-Chief of the Journal of Law, Science & Policy. She also holds an M.S. in Environment and Resources from Stanford University. Megan began her legal career with fellowships at the Environmental Law Institute in Washington, D.C. and at UCLA Law School's Emmett Institute on Climate Change and the Environment, where she advised state and local governments on climate change mitigation and adaptation policy. From 2016 to 2018, she served as staff attorney at Conservation Law Foundation's Boston office, where she worked on clean energy, ocean, and fisheries matters, including litigation in federal courts and before state public utilities commissions. Megan then spent nearly five years in the Massachusetts Office of the Attorney General, Energy and Environment Bureau, advocating before federal agencies and litigating cases concerning state and federal air, climate, energy, and natural resources laws. She led state government coalitions in several actions in the U.S. Supreme Court and the U.S. Court of Appeals for the D.C. Circuit, and before the Federal Energy Regulatory Commission.
Megan has published on a variety of environmental law topics, including climate change adaptation and federal regulation of greenhouse gas emissions. She has taught courses in environmental law, climate law, and ocean and coastal law at UCLA Law School and Tufts University. She has testified before legislative committees and given dozens of presentations on critical issues in environmental law, including for the American Law Institute, Energy Bar Association, California State Bar Association Environmental Law Section, and multiple law review symposia.
Partner, Conner & Winters
Donn C. Meindertsma is a partner in the Washington, DC office of Conner & Winters.
Panel 3: The Anti-Federalists and the Court
2020 Annual Western Chapters Conference
Simi Valley, CAAtlantic Richfield Co. v. Christian - Post-Argument SCOTUScast
Corbin K. Barthold, Jonathan Wood
In Atlantic Richfield Co. v. Christian, the Supreme Court will determine whether the Comprehensive Environmental...
Courthouse Steps Oral Argument Teleforum: Atlantic Richfield Co. v. Christian
Corbin K. Barthold, Jonathan Wood
In Atlantic Richfield Co. v. Christian, the Supreme Court will determine whether the Comprehensive Environmental...
Courthouse Steps Oral Argument Teleforum: Atlantic Richfield Co. v. Christian
TeleforumTopics
Civil Rights Commission Publishes New Report on Civil Rights Enforcement
Recently, the Civil Rights Commission published a report titled “Are Rights a Reality? Evaluating Federal...
Deep Dive Episode 73 – Balancing Federal and State Authority in Energy Policy
Gordon Alan Coffee, Ari Peskoe
In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility...
Recent Strains on Cooperative Federalism in the Energy Sector
Gordon Alan Coffee, Ari Peskoe
In statutes such as the Federal Power Act and Clean Water Act, Congress divided responsibility...
Recent Strains on Cooperative Federalism in the Energy Sector
TeleforumExplainer Episode 3 – EPA's New Clean Air Act Rules
Jeffrey Holmstead, Megan Herzog
In this episode, Jeff Holmstead and Megan Herzog discuss the recent rule change from the...
Whistling in Chevronland: Why Department of Labor Interpretations of the Sarbanes-Oxley Act Whistleblower Provisions Do Not Deserve Judicial Deference
Donn C. Meindertsma
Note from the Editor: The Federalist Society takes no positions on particular legal and public...