Troutman Sanders LLP
Attorney, Troutman Sanders LLP
Troutman Sanders LLP
Attorney, Troutman Sanders LLP
Partner, Baker Hostetler LLP
David Rivkin is a member of the firm's litigation, international and environmental teams and is co-leader of the firm's national appellate practice. He has extensive experience in constitutional, administrative and international law litigation and has been involved in numerous high-profile cases. With his prior experience in the government sector, David draws on a wealth of knowledge when providing compliance advice to companies and handling enforcement proceedings before government agencies on issues arising out of multilateral and unilateral sanctions, the Foreign Corrupt Practices Act (FCPA), anti-boycott issues, bankruptcy and financial fraud matters, and environmental and energy issues.
David has developed and implemented legislative, regulatory and litigation initiatives for two presidential administrations. Over the years, he has published hundreds of articles, op-eds, book reviews and book chapters on a variety of international, legal, constitutional, defense, arms control, foreign policy, environmental and energy issues for various newspapers and magazines, including The Wall Street Journal, The Washington Post, The New York Times, USA Today and The Los Angeles Times, and has been a frequent commentator and guest on TV and radio shows including ABC, CBS, NBC, CNN, Fox News, NPR and PBS.
Shareholder and Director, GableGotwals
Lecturer in Law, University of Chicago Law School
Robert Gasaway is a Lecturer in Law at the University of Chicago Law School. He was formerly a Partner at Kirkland & Ellis LLP in their Washington office. He has represented and advised corporate clients on a wide variety of matters before federal courts, state courts, federal administrative agencies, and federal and state legislative bodies. Mr. Gasaway focuses his practice on appellate litigation, representing clients in the preparation of integrated, multiforum trial and appellate strategies in high-risk sets of related cases.
Professor of Law, Antonin Scalia Law School, George Mason University
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Chairman, Texas Commission on Environmental Quality
Dr. Bryan W. Shaw is Chairman of the Texas Commission on Environmental Quality, the second largest environmental regulatory agency in the world. He is an associate professor in the Biological and Agricultural Engineering Department of Texas A&M University (TAMU). Dr. Shaw was formerly associate director of the Center for Agricultural Air Quality Engineering and Science, and served as Acting Lead Scientist for Air Quality and Special Assistant to the Chief of the U.S. Department of Agriculture Natural Resources Conservation Service. Dr. Shaw also served as a member of the U.S. Environmental Protection Agency (EPA) Science Advisory Board (SAB) Committee on Integrated Nitrogen, the EPA SAB Environmental Engineering Committee, and the Ad Hoc Panel for review of EPA's Risk and Technology Review Assessment Plan. Additionally, he is a member of the U.S. Department of Agriculture–Agricultural Air Quality Task Force. Since his appointment to the TCEQ, Dr. Shaw has served on the Texas Environmental Flows Advisory Group and as chair of the Texas Advisory Panel on Federal Environmental Regulations. Shaw also is a member of the Environmental Council of the States, serving on the Executive Committee as the Region 6 representative.
Director, GW Regulatory Studies Center & Distinguished Professor of Practice, Trachtenberg School of Public Policy & Public Administration, The George Washington University
Susan Dudley is the Founder and Director of the George Washington University Regulatory Studies Center, established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, and on the Regulatory Transparency Project Regulatory Practice Working Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.
Research Professor, Regulatory Studies Center, The George Washington University
Brian Mannix is a Research Professor at George Washington University’s Regulatory Studies Center. From 2005 – 2009 he was the EPA’s Associate Administrator for Policy, Economics, and Innovation. Earlier he served as the Deputy Secretary of Natural Resources for the Commonwealth of Virginia. Brian was an economist at OIRA from 1981 – 1987, and then served as managing editor of Regulation magazine at the American Enterprise Institute.
Senior Legal Fellow, Edwin Meese III Institute for the Rule of Law, Advancing American Freedom
Chair, Issues & Appeals, Hunton Andrews Kurth LLP
The former Solicitor General of West Virginia, Mr. Lin has been on the front lines of many precedent-setting cases in appellate courts across the country, including in a US Supreme Court victory that George Will called “the court’s most severe rebuke of a president” since the Truman administration. Having argued more than 60 appeals, he brings to clients a well-honed ability to identify the most persuasive issues for appeal and a practiced understanding of how best to frame complex legal questions in appellate courts.
With experience in the private sector and multiple branches of government, Mr. Lin’s practice has spanned a wide range of issues, including major questions of constitutional and administrative law at the federal and state levels. On behalf of more than two dozen states, he won a stay from the US Supreme Court of the EPA’s Clean Power Plan. Described by the New York Times as an “unprecedented” order, the stay was the first time the Supreme Court had ever put a regulation on hold before review by a federal appeals court. In that same case, Elbert argued before the en banc DC Circuit in an historic proceeding that one commenter quoted in E&E News compared to “the NBA All-Star Game.” At the state level, Elbert led the effort that persuaded the West Virginia Supreme Court of Appeals to overturn an injunction of the state’s right-to-work law.
In 2013, Mr. Lin was appointed the Solicitor General of West Virginia. During his four-and-a-half year tenure, he served as a member of the Attorney General’s senior management team, oversaw all civil and criminal appeals, and argued nearly two dozen cases in federal and state appellate courts. He authored more than twenty-five briefs in the US Supreme Court and more than forty-five formal Opinions of the Attorney General.
Earlier in his career, Mr. Lin served as a trial attorney in the Federal Programs Branch of the US Department of Justice’s Civil Division, where he received a Special Service Award. He has also been a law clerk at all three levels of the federal judiciary: for Justice Clarence Thomas on the US Supreme Court; for Judge William H. Pryor Jr. on the US Court of Appeals for the Eleventh Circuit; and for Senior Judge Robert E. Keeton on the US District Court for the District of Massachusetts.
Mr. Lin speaks regularly on a wide variety of topics, including constitutional law, administrative law, environmental law, state and federal relations, the US Supreme Court, and appellate practice. He has testified before Congress, and has spoken at the national conventions of the American Bar Association, the Association of Corporate Counsel, the National Asian Pacific American Bar Association, the Federalist Society, Americans for Prosperity, and the American Legislative Exchange Council. He is an elected member of the American Law Institute, a public member of the Administrative Conference of the United States, and a fellow of the American Academy of Appellate Lawyers.
Mr. Lin is admitted to practice in the following federal courts: the Supreme Court of the United States; the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, D.C., and Federal Circuits; the District of Massachusetts; the Northern and Southern Districts of West Virginia; and the Eastern and Western Districts of Virginia.
Partner, Sidley Austin LLP
ROGER MARTELLA co-leads the Environmental practice group at Sidley Austin LLP. He rejoined Sidley Austin LLP after serving as the General Counsel of the United States Environmental Protection Agency, concluding 10 years of litigating and handling complex environmental and natural resource matters at the Department of Justice and EPA. In 2015, Roger was recognized by Who’s Who Legal as the environmental lawyer of the year globally.
Roger’s practice focuses on three primary areas. First, Roger advises companies on developing strategic approaches to achieve their goals in light of rapidly developing demands to addressclimate change, promote sustainability and utilize clean energy. Second, Roger handles a broad range of environmental and natural resource litigation and mediation. Third, Roger advises multinational companies on compliance with environmental laws in the United States, China, the European Union and other nations.
Roger counsels approximately 50 of the world’s leading conventional and renewable energy, industrial, transportation, agricultural, forestry, and technology companies on bet-the-company environmental issues, regulatory matters, and litigation including transitioning to an era of legal controls addressing greenhouse gas emissions, increasingly stringent pollutant controls, alternative and clean energy, hydraulic fracturing, and sustainability both in the United States and abroad.
Roger employs a strategic, forward-looking approach to solving emerging law and policy issues across the world that have the potential to create both opportunities and risks for domestic and multinational energy and manufacturing companies and industries. Roger’s approach is to build a collaborative and coalition-building framework that seeks the strongest possible results through up front coordination with government, industry, and NGO stakeholders, leveraging strong honest broker relations with government officials and understanding of government approach to realize resolutions that have led to extraordinary favorable resolutions offering significant regulatory relief to industries and pennies-on-the-dollar enforcement settlements for companies.
Roger was unanimously confirmed by the United States Senate as EPA General Counsel. In that role, Roger served as EPA’s chief legal advisor supervising an office of 350 lawyers and staff in Washington and 10 regional offices. In particular, Roger led the team responsible for developing for the first time under the Clean Air Act the federal government’s climate change legal framework and options in response to the landmark Supreme Court decision Massachusetts v. EPA, which held greenhouse gases to be air pollutants under the Clean Air Act.
Professor of Law, Antonin Scalia Law School, George Mason University
Professor of Law Michael S. Greve joined the faculty of the Antonin Scalia Law School, George Mason University in fall 2012 after having served as John G. Searle Scholar at the American Enterprise Institute (AEI), where he specialized in constitutional law, courts, and business regulation and served as chairman of the Competitive Enterprise Institute. Prior to joining AEI, Greve was founder and co-director of the Center for Individual Rights, a public interest law firm specializing in constitutional litigation.
Greve has served previously as an adjunct professor at a number of universities, including Cornell and Johns Hopkins Universities, and has been a visiting professor at Boston College since 2004. He was awarded a PhD and an MA in government by Cornell University. Greve also earned a Diploma from the University of Hamburg in Germany.
A prolific writer, Greve is the author of nine books and a multitude of articles appearing in scholarly publications, as well as numerous editorials, short articles, and book reviews. He is a frequent speaker for professional and scholarly organizations and has made many appearances on radio and television.
In addition Greve has provided congressional and state legislative testimony, has lobbied and consulted in federal agency proceedings, and has provided litigation services and management in over 30 cases, including matters before the U.S. Supreme Court.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.
Chairman, Texas Commission on Environmental Quality
Dr. Bryan W. Shaw is Chairman of the Texas Commission on Environmental Quality, the second largest environmental regulatory agency in the world. He is an associate professor in the Biological and Agricultural Engineering Department of Texas A&M University (TAMU). Dr. Shaw was formerly associate director of the Center for Agricultural Air Quality Engineering and Science, and served as Acting Lead Scientist for Air Quality and Special Assistant to the Chief of the U.S. Department of Agriculture Natural Resources Conservation Service. Dr. Shaw also served as a member of the U.S. Environmental Protection Agency (EPA) Science Advisory Board (SAB) Committee on Integrated Nitrogen, the EPA SAB Environmental Engineering Committee, and the Ad Hoc Panel for review of EPA's Risk and Technology Review Assessment Plan. Additionally, he is a member of the U.S. Department of Agriculture–Agricultural Air Quality Task Force. Since his appointment to the TCEQ, Dr. Shaw has served on the Texas Environmental Flows Advisory Group and as chair of the Texas Advisory Panel on Federal Environmental Regulations. Shaw also is a member of the Environmental Council of the States, serving on the Executive Committee as the Region 6 representative.
EPA’s Section 111(d) Carbon Rule: What if States Just Said No?
Peter Glaser, Carroll W. McGuffey, Hahnah Gaines
This White Paper discusses the latest proposal of the Environmental Protection Agency to regulate greenhouse...
Fall Reception: State AG's & Federalism
Phoenix, ArizonaEPA Emissions Regulations
Chicago, IllinoisLuncheon with U.S. Senator David Vitter
Baton Rouge, LouisianaDo Sue and Settle Practices Undermine Congressional Intent for Cooperative Federalism on Environmental Matters?
David B. Rivkin, Adam Carl Doverspike
Note from the Editor: This article is about whether sue and settle practices undermine congressional...
Regulation or Strangulation: The EPA's Impact on West Virginia
Charleston, West VirginiaUtility Air Regulatory Group v. Environmental Protection Agency - Post-Decision SCOTUScast
Robert R. Gasaway
On June 23, 2014, the Supreme Court issued its opinion in Utility Air Regulatory Group...
Cooperation or Coercion on Climate: Is the EPA Trying to Deputize the States? - Podcast
Michael S. Greve, Mario Loyola, Bryan W. Shaw
It has been argued that EPA's recently announced carbon emissions rule is just the latest...
Cooperation or Coercion on Climate: Is the EPA Trying to Deputize the States?
TeleforumThe Social Cost of Carbon
Susan E. Dudley, Brian F. Mannix
In May 2013, the White House released a revised Technical Support Document (TSD) with a...