Samuel H. McCoy II Professor of Law, University of Virginia School of Law
John F. Duffy is the Samuel H. McCoy II Professor of Law and Class of 1966 Research Professor of Law at the University of Virginia School of Law, where he teaches administrative law, torts and intellectual property. Professor Duffy has published articles on a wide range of administrative law and regulatory issues in journals such as University of Chicago Law Review, Yale Law Journal, Stanford Law Review, Virginia Law Review, Columbia Law Review, Texas Law Review, Northwestern University Law Review, NYU Law Review, University of Pennsylvania Law Review and the Supreme Court Review. His 1998 article Administrative Common Law in Judicial Review, 77 Tex. L. Rev. 113 (1998), was one of the first articles to criticize the Chevron doctrine as being irreconcilable with § 706 of the APA; it won the American Bar Association’s Scholarship Award in Administrative Law. His 2008 article “Are Administrative Patent Judges Unconstitutional?” was covered on National Public Radio), in the New York Times (Adam Liptak, In One Flaw, Questions on Validity of 46 Judges, May 6, 2008), and in the Wall Street Journal (Dan Slater, Patently Unconstitutional, May 6, 2008). The NYT and WSJ agreed that he was “a different kind of law professor,” “one of the lucky few” whose “writings actually wind up changing the law.”
As an attorney in the courts, Duffy has twice successfully convinced the Supreme Court to overturn lower court doctrines that had been applied in many cases over decades but that were unanimously held to be irreconcilable with Supreme Court precedents. See TC Heartland v. Kraft Foods Group Brands, 581 U.S. 258 (2017); KSR v. Teleflex, 550 U.S. 398 (2007).
Prior to entering legal academics, Duffy clerked on the D.C. Circuit for Stephen Williams and on the Supreme Court for Antonin Scalia. While clerking, he became known as Justice Scalia’s “hapless law clerk,” who had been tasked with unearthing three-quarters of a century of legislative history that made “no difference” to the outcome in an otherwise forgettable case. See Conroy v. Aniskoff, 507 U.S. 511, 527-28 (1993) (Scalia, J., concurring in the judgment).
In earlier days, Duffy enjoyed being a professional blackjack player unwelcome in all Atlantic City casinos and a semi-professional road runner (best marathon time 2:24:33). He holds an A.B. in physics from Harvard and a J.D. from the University of Chicago.
Partner, Marzulla Law
Roger J. Marzulla is one of the nation’s leading environmental, water, and property lawyers. As Assistant Attorney General in charge of the U.S. Justice Department’s Environment and Natural Resources Division, Roger learned first hand the operations and litigation styles of his client agencies: EPA, Interior Department, Bureau of Reclamation, Fish and Wildlife Service, National Marine Fisheries Service, Department of Transportation, Department of Commerce. In 1997, he co-founded Marzulla Law, where he brings to bear more than 35 years of expertise representing companies and individuals in industries as diverse as land and project development, aerospace, chemicals, oil and gas, mining, timber, manufacturing, computers, agriculture and water service.
Roger began his legal career as a trial lawyer in San Jose, California, after graduating magna cum laude from the University of Santa Clara School of Law. As a partner in Matthews & Marzulla he represented developers, title and construction companies, shopping centers, apartment owners and lenders in litigation throughout California. In 1981 he moved to Denver to become President of Mountain States Legal Foundation, litigating environmental and natural resource cases across the West.
In 1983 Roger joined the Justice Department as Special Litigation Counsel. He was subsequently promoted to Deputy Assistant Attorney General and, in 1987, was confirmed by the Senate as Assistant Attorney General in charge of the Environment and Natural Resources Division. At the Justice Department, Roger helped create litigation strategies for government programs as diverse as Superfund, the Clean Air Act, off-shore oil leasing, environmental crimes, federal facility clean-up, wetlands, endangered species and hazardous waste enforcement, as well as Presidential Order EO 12,630 (Government Interference with Private Property Rights).
In 1989 Roger returned to private law practice, successively heading the environmental law practices of the Powell, Goldstein and Akin, Gump law firms.
Since 1997, as a partner in Marzulla Law, Roger has continued to represent corporate and business clients in a wide array of environmental and property issues in courts across the country, frequently in litigation against the United States. He also assists clients in attaining compliance with environmental, health and safety regulation, and in avoiding risks in transactions.
Ronald Reagan Distinguished Fellow, The Heritage Foundation
Becky Norton Dunlop, a prominent leader, strategist, and counselor in the conservative movement, is The Heritage Foundation’s Ronald Reagan Distinguished Fellow.
Dunlop, who joined the leading think tank in 1998, holds the only policy chair in the country to be officially named for the 40th president. She succeeds Ed Meese, the U.S. attorney general under Reagan, who assumed emeritus status.
Dunlop oversees special projects, travels as an ambassador for Heritage, and works tirelessly to assure that the legacy of principles, policies, and practices represented by the life and service of Ronald Reagan remain in the hearts and minds of Americans.
Previously, Dunlop was Heritage’s vice president for external relations from 1998 until May 2016. She served on the Trump Transition team.
Dunlop was a senior official in the Reagan administration from 1981-1989 inside the White House, at the Justice Department, and at the Interior Department.
She served from 1994-1998 as Secretary of Natural Resources for the Commonwealth of Virginia in the Cabinet of then-Virginia Gov. George Allen.
As political director for the American Conservative Union from 1973- 1977, she was instrumental in organizing grass-roots activists for Reagan’s unsuccessful 1976 race for the Republican nomination and advised his successful 1980 nomination and general election campaigns.
From Reagan’s first inauguration in 1981 to 1985, her White House posts included Deputy Assistant to the President for Presidential Personnel and Special Assistant to the President and Director of his Cabinet office. During Reagan’s second term, Dunlop served as senior special assistant to Meese, then attorney general, in charge of managing Cabinet-level domestic policy issues. She oversaw major policy reports on the environment, the family, federalism, tort reform, privatization, and welfare reform.
She completed her service in the Reagan administration as deputy undersecretary of the Interior Department and as assistant interior secretary for fish, wildlife, and parks.
Dunlop is one of the few of the insiders from the beginnings of the Reagan era who remain active in public policy leadership.
As Virginia’s natural resources chief, Dunlop worked to streamline, decentralize, and down-size agencies while protecting and improving the environment. She is one of the few “free-market environmentalists” to have headed a state agency and put ideas into action. Her book, “Clearing the Air” (Alexis de Tocqueville Institute, 2000), chronicles some of her experiences in advancing those principles.
In 2002, President George W. Bush appointed her to a part-time post as chairwoman of the Federal Service Impasses Panel. The seven-member panel resolves disputes between federal agencies management and labor unions. Under her leadership, it took on several hundred cases and eliminated backlogs.
Other current leadership roles include the boards of the Virginia Institute for Public Policy, the Reagan Ranch Board of Governors, the Reagan Alumni Association, the Association for American Educators and the AAE Foundation, the Council for National Policy and the American Conservative Union.
In addition to topics addressing conservative principles and their roots in the nation’s founding, Dunlop is a sought-after public speaker on the idea that personnel is policy; on energy, natural resources and the environment (including free market environmentalism); on federalism as a former member of a governor’s Cabinet; Capitalism and the Rule of Law, and on the Reagan administration (including the 40th president’s effective leadership style).
A graduate of Miami University in Ohio, she currently resides in Arlington, Virginia, with her husband, George S. Dunlop. The Dunlops are members of Oakland Baptist Church in Alexandria, Virginia.
J.B. and Maurice C. Shapiro Professor of Public Interest Law; Director of the Environmental Law Advocacy Center; Executive Director, Project for Older Prisoners, The George Washington University Law School
Jonathan Turley is a nationally recognized legal scholar who has written extensively in areas ranging from constitutional law to legal theory to tort law. After a stint at Tulane Law School, Professor Turley joined the GW Law faculty in 1990, and in 1998, became the youngest chaired professor in the school’s history.
He is the founder and executive director of the Project for Older Prisoners (POPS). He has written more than three dozen academic articles that have appeared in a variety of leading law journals including those of Cornell, Duke, Georgetown, Harvard, and Northwestern Universities, among others. He most recently completed a three-part study of the historical and constitutional evolution of the military system.
Professor Turley has served as counsel in some of the most notable cases in the last two decades, including his representation of the Area 51 workers at a secret air base in Nevada; the nuclear couriers at Oak Ridge, Tennessee; the Rocky Flats grand jury in Colorado; Dr. Eric Foretich, the husband in the Elizabeth Morgan custody controversy; and four former U.S. Attorney Generals during the Clinton impeachment litigation. Professor Turley also has served as counsel in a variety of national security and terrorism cases, and has been ranked as one of the top 10 lawyers handling military cases.
He has served as a consultant on homeland security and constitutional issues, and is a frequent witness before the House and Senate on constitutional and statutory issues as well as tort reform legislation. He also is a nationally recognized legal commentator; he ranked 38th in the top 100 most cited ‘public intellectuals’ in a recent study by Judge Richard Posner and was found to be the second most cited law professor in the country.
He is a member of the USA Today board of contributors and the recipient of the “2005 Single Issue Advocate of the Year” – the annual opinion award for the Aspen Institute and The Week magazine. More than 400 of his articles on legal and policy issues regularly appear in national newspapers. He also has worked as the CBS and NBC legal analyst, respectively, during national controversies.
University Professor; John Edward Sexton Professor of Law; Director, Frank J. Guarini Center on Environmental, Energy, and Land Use Law, New York University School of Law
Recognized as one of the world's leading scholars in environmental and administrative law, Richard Stewart is University Professor and John Edward Sexton Professor of Law at New York University School of Law. Prior to joining the NYU School of Law faculty, Stewart had served as a Byrne Professor of Administrative Law at Harvard Law School and a member of the faculty of the Kennedy School of Government at Harvard; Assistant Attorney General in charge of the Environment and Natural Resource Division of the U.S. Department of Justice, and Chairman of the Environmental Defense Fund.
Professor Stewart directs the school's Frank J. Guarini Center on Environmental and Land Use Law, which sponsors research, conferences, and publications on cutting-edge issues of environmental and land use law. Students are closely involved in the Center's activities, many of which focus on international and comparative environmental law issues, with a focus on climate law, policy and finance. His climate research and policy work includes how climate mitigation and adaptation can be promoted through sustainable cities policies and measures, and how private and public climate finance for developing countries can promote climate-sustainable urban development.
Stewart is also closely involved in the efforts of the U.S. government to solve the nation’s nuclear waste management and disposal problems. Stewart, along with NYU Professor Benedict Kingsbury, co-directs a major project on Global Administrative Law, examining how procedural opportunities for public participation in administrative decision making and review mechanisms can help meet accountability gaps in current global regulatory institutions, ranging from the WTO and the UN to informal networks of environmental and economic regulatory officials. This project, headquartered at NYU, is proceeding in collaboration with academics and officials around the globe, has produced an extensive body of research and publications aimed at developing strategies for strengthening the accountability and responsiveness of global regulatory bodies. The project includes substantial work on climate and other global environmental issues.
Stewart has worked with the Environmental Protection Committee of China’s National People’s Congress to strengthen China’s environmental laws. He has also been involved, with UN agencies and NGOs, in the development of domestic and international emissions trading systems to control greenhouse gases. He and colleagues have published a major book on Climate Finance, and held an international conference and series of workshops on climate finance in Abu Dhabi under the auspices of the NYU Abu Dhabi Institute. The Center has also conducted environmental legal assistance projects for developing countries and countries with economies in transition including issues of urbanization. Students are extensively involved in these projects.
A prolific author, Stewart has published ten books and more than 100 articles on environmental and administrative law, including the intersection between theory and practice in environmental law and the need to develop innovative methods for environmental protection. His writing favors a reliance on a market-oriented approach to environmental protection, rather than the central-planning systems of command and control regulation that have been used for the past 30 years. He has been a visiting professor at the Universities of Bologna, Chicago, and Rome, the University of California at Berkeley, the European University Institute, Yale University and Georgetown University. He is a member of the American Academy of Arts and Sciences and the American Law Institute, a Director of the Health Effects Institute, and a member of the editorial boards of several European scholarly journals. He holds honorary degrees from The University of Rome "La Sapienza” and the Erasmus University in the Netherlands.
Assistant Attorney General, Environment and Natural Resources Division, U.S. Department of Justice
Jeffrey Bossert Clark was born in Philadelphia, Pennsylvania on April 17, 1967. He is a graduate of Harvard University (A.B. in economics and history, 1989), the University of Delaware (M.A. in urban affairs and public policy, 1993), and the Georgetown University Law Center (J.D., 1995).
Mr. Clark began his career working for the State of Delaware’s Department of Finance, Division of Revenue as an economics analyst in the field of tax policy. During his tenure from 1989 to 1992, he authored several white papers analyzing Delaware revenue sources. Delaware also selected Mr. Clark to submit an economic report and affidavit to the United States Supreme Court in the original jurisdiction case of Delaware v. New York, 507 U.S. 490 (1993).
He entered Georgetown’s law school in 1992 where he earned honors as an articles editor of the Georgetown Law Journal, an Olin Law & Economics Fellow, and a member of the Order of the Coif. From 1995 to 1996, Mr. Clark clerked for Judge Boggs of the U.S. Court of Appeals of the Sixth Circuit. Mr. Clark then joined the law firm of Kirkland & Ellis as an associate from 1996-2001. He worked as an appellate litigator on numerous Supreme Court and other appellate cases and developed expertise in administrative law, statutory interpretation, as well as antitrust, labor, environmental, and telecommunications law.
Mr. Clark went on to serve in ENRD from 2001-2005 as a Deputy Assistant Attorney General selected by Attorney General Ashcroft and Assistant Attorney General Tom Sansonetti. In that capacity, he supervised ENRD’s Appellate and Indian Resources Sections. He reviewed, edited, and contributed to virtually every brief that ENRD filed in the Courts of Appeals, including several cases of exceptional significance that he personally briefed and argued. During his service in the early 2000s, Mr. Clark argued and won numerous cases in multiple U.S. Courts of Appeals and worked on all Supreme Court cases arising out of ENRD’s work.
In 2005, Mr. Clark returned to Kirkland & Ellis LLP as a partner, where he litigated until his return to ENRD in 2018. There he worked on numerous multi-billion-dollar matters and continued to argue many appellate cases. His practice operated at all levels — appellate litigation, trial court litigation, agency proceedings, and regulatory and litigation counseling. He has been named a Super Lawyer for multiple years running, highlighted in the Legal 500, named to the “Legal Who’s Who for Environmental Law” in Corporate Responsibility Magazine, rated A.V. preeminent by Martindale Hubbell, and named a member of the National Association of Distinguished Counsel’s Nation’s One Percent. He also was named one of America’s Top 100 High Stakes Litigators.
President Trump nominated Mr. Clark to be the Assistant Attorney General of the Environment and Natural Resources Division (ENRD) on June 7, 2017. He was confirmed by the U.S. Senate on October 11, 2018 and sworn into office on November 1, 2018, followed by an investiture ceremony on November 15, 2018.
President, Norton Regulatory Strategies and Former Secretary, U.S. Department of the Interior
Gale Norton has three decades of experience handling energy, natural resources, and environmental issues. As Secretary of the Interior, 2001-2006, she played a key role in shaping national energy policies. A member of President George W. Bush’s Cabinet, Norton was responsible for managing over 20% of the land area of the United States, a Fortune-500-sized budget, and a workforce of 70,000 employees.
In the face of crises including the September 11th attacks and the War on Terror, increasing domestic energy production became a major focus for Norton’s term. She oversaw lands and offshore areas that produced a third of America's domestic oil, natural gas, and coal. She was actively involved in consideration of the Energy Policy Act of 2005, offshore and onshore oil and gas production, coal mine leasing and reclamation, hydroelectric generation, as well as biomass, wind and geothermal development.
Norton led efforts that resolved 70-year-old interstate disputes on the Colorado River and instituted a west-wide water conservation program. She championed the President's Healthy Forest Initiative and Cooperative Conservation.
Norton returned to Colorado as General Counsel for Royal Dutch Shell Unconventional Oil, 2007-2010. She was a member of Shell’s global legal leadership team, and handled legal, regulatory and governmental issues for Shell’s oil shale and in-situ oil sands projects, primarily in Colorado and Alberta.
As an attorney, Norton has handled multi-billion-dollar and high-profile litigation involving products liability, antitrust, taxation, environmental and constitutional issues, including arguing cases before the US Supreme Court and negotiating one of the largest lawsuit settlements in history. Norton served two terms as the elected Attorney General of Colorado, 1991-1999.
Norton’s background also includes serving as senior counsel at Brownstein, Hyatt & Farber, P.C.; Associate Solicitor of the U.S. Department of the Interior; Assistant to the Deputy Secretary of Agriculture; National Fellow of Stanford University’s Hoover Institution; and Senior Attorney for Mountain States Legal Foundation. Norton has a B.A., J.D. and honorary Ph.D. from the University of Denver, and an honorary Dr. Eng. from the Colorado School of Mines. She has chaired the National Park Foundation and the Migratory Bird Conservation Commission.
Norton is currently a Senior Advisor for Clean Range Ventures, an energy technology venture capital firm. She serves on boards for the Federalist Society, the Reagan Alumni Association, and the University of Colorado Renewable and Sustainable Energy Institute. She and her husband, John Hughes, are avid international travelers, golfers, skiers and outdoor enthusiasts.
Comment on American Trucking Associations, et al., v. EPA
Edward W. Warren
The D.C. Circuit's opinion in American Trucking Associations v. EPA (ATA)1 is both more and...
Administrative Common Law and the Original Meaning of Judicial Review Under the APA
John F. Duffy
In 1946 Congress enacted a "comprehensive statement of the right, mechanics, and scope of judicial...
Administrative Crimes: Testimony of Roger Marzulla
Roger J. Marzulla
[Testimony of Roger J. Marzulla Before the Judiciary Committee of the House of Representatives Subcommittee...
EPA Takes "Right to Know" to an Extreme
Chad Cummins
Senator Frank Church (D-ID), in his report to Congress as chairman of a commission investigating...
Society Debates Resurrecting the Non-Delegation Doctrine
Daniel E. Frank
The Federalist Society's Administrative Law and Regulation Practice Group's panel discussion at the 1998 National...
Smithfield Sidetracks Environmental Regulation Debate
Peter Coppelman, Becky Norton Dunlop, Jonathan R. Turley
On Thursday, October 16, 1997, at the Federalist Society’s annual National Lawyers Convention in Washington,...
Natural Resource Damages: The New Wave of Environmental Liability
Richard B. Stewart
Natural resource damages (NRD) are an awakening "sleeping giant" of environmental liability that poses serious...
Cadillac Air at Cadillac Prices
Alan Rule
President Clinton has decided in favor of the Environmental Protection Agency's fabulously expensive new air...
Colloquium: Junk Science, the Courts, and the Regulatory State (part I)
Jeffrey Bossert Clark
The Federalist Society's three E.L. Wiegand Practice Groups in Administrative Law & Regulation, Environmental Law...
Do as I Say, Not as I Do: The Story of Environmental Non-Compliance at Federal Facilities
Gale A. Norton
The old saying, "Do as I say, not as I do," fairly describes the Federal...