Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Assistant General Counsel for Litigation, Exxon Mobil Corporation
Justin Anderson is the Assistant General Counsel for Litigation at ExxonMobil. As head of litigation, Justin is responsible for protecting ExxonMobil’s interests in disputes arising around the world. That litigation portfolio includes a variety of commercial disputes, investment treaty arbitrations, long-running climate lawsuits, environmental claims, and a diverse range of other matters. Justin has led the litigation department at ExxonMobil since July 2023.
Prior to joining ExxonMobil, Justin was a partner in the litigation department of Paul, Weiss, Rifkind, Wharton & Garrison, LLP. At the law firm, Justin represented clients in a variety of litigation and regulatory matters, including class actions, white collar matters, regulatory enforcement proceedings, and complex business litigation.
Justin previously served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of New York from 2009 to 2015. He led the investigation, prosecution, and trial of federal crimes, including financial fraud, public corruption, narcotics trafficking, identity theft, and money laundering. For his work on one of those matters, he received the John Marshall Award, the Justice Department’s highest award for trial litigators.
Earlier in his career, Justin was a law clerk to Judge José A. Cabranes of the U.S. Court of Appeals for the Second Circuit, and Judge Sidney H. Stein of the U.S. District Court for the Southern District of New York.
Justin earned his B.A. and M.A. from Johns Hopkins University and his J.D. from Yale Law School.
Deputy Administrator, United States Environmental Protection Agency
David Fotouhi was sworn in as Deputy Administrator of the United States Environmental Protection Agency on June 16, 2025.
Fotouhi is an experienced environmental attorney who previously served in senior roles at EPA. During the first term of the Trump Administration, Fotouhi served as EPA’s Acting General Counsel and Principal Deputy General Counsel. Prior to rejoining the agency, Fotouhi was a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP practicing environmental law.
Fotouhi grew up in Oklahoma and holds a B.A. from Vanderbilt University and a J.D. from Harvard Law School. Before entering private legal practice, Fotouhi served as a law clerk to the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
State Auditor & Securities Commissioner, West Virginia
John “JB” McCuskey is West Virginia’s 21st State Auditor. He is currently in his second term, first elected in 2016. Previously, he served two terms in the House of Delegates and practiced law in Charleston.
As Auditor, McCuskey has made it his mission to ensure an efficient, effective, and transparent government. On his watch, McCuskey has turned West Virginia into the most transparent state in the country by allowing citizens to access real-time data about how their tax dollars are spent through WVCheckbook.gov. He also established the Public Integrity and Fraud Unit which has opened more than 200 investigations into local governments, uncovering fraud totaling more than $2.5 million.
A tool to fight fraud and abuse is the use of the state Purchasing Card. Over the past five years, McCuskey has pushed for more agencies, boards and commissions, and institutions of higher education to use the P-Card, which offers an efficient method for streamlining the payment process. The P-Card program nets the state tens of millions each year in cost avoidance savings. Since Auditor McCuskey took office, the state and local governments have earned more than $41 million in rebates from the use of the P-Card.
McCuskey is also leading the nation in using augmented intelligence and machine learning to streamline government processes and mitigate fraud and abuse of taxpayer dollars. The Auditor’s Office has established a platform, the first of its kind, to be used to track government spending and highlight fraud and important trends.
Additionally, the Auditor is the Land Commissioner for the state of West Virginia. McCuskey pushed to rewrite decades old tax laws, to streamline the property tax process for taxpayers and collectors across the state. This will help speed up the process to prevent houses from becoming dilapidated during what was a very lengthy process. The legislation also created, for the first time, a payment plan for homeowners who fall on hard times.
McCuskey is a native of Harrison County, West Virginia. His parents, John and Anne McCuskey, cultivated his deep love of the Mountain State and instilled in him the values of public service.
He is a graduate of The George Washington University with a degree in Political Communication. He is also a graduate of the West Virginia University College of Law. Before attending law school, McCuskey worked as a civilian for the Department of Defense at the Pentagon in the offices of the Army and Department of Defense General Counsels.
Auditor McCuskey lives in Charleston with his wife, Wendy, and daughters, Charlotte Anne and Martha Elizabeth, and their dog Pearl, where they own a small business.
Executive Director, Alliance For Consumers
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, O.H. practiced at WilmerHale and Ropes & Gray in Boston and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia.
Judge, United States Court of Appeals, Tenth Circuit
Judge Tymkovich, of Denver, Colorado, was nominated to the Tenth Circuit Court of Appeals by President George W. Bush, and confirmed in April 2003. On October 1, 2015 he became Chief Circuit Judge and held this position until October 2022. He was Chair of the US Judicial Conference’s Committee on Judicial Resources from 2011 to 2015. Since 2008 he has been an adjunct professor of law at the University of Colorado School of Law, teaching Election Law. He is a member of the Doyle Inn of Court, the American Law Institute, and the International Society of Barristers. Since he joined the Circuit, Judge Tymkovich has hosted judicial delegations from Russia, Kazakhstan, and Afghanistan, and has also represented the United States in programs at Kiev and Yalta in Ukraine.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
Senior Counsel, Vice President of Litigation Strategy, Alliance Defending Freedom
Jonathan Scruggs serves as senior counsel and vice president of litigation strategy with Alliance Defending Freedom. In this role, he identifies new litigation opportunities, develops new legal strategies, and improves processes across multiple litigation teams in collaboration with the chief legal counsel.
Since joining ADF in 2006, Scruggs has worked on and prevailed in a variety of cases related to Title IX, gender ideology, and people’s right to freely express their faith, including Masterpiece Cakeshop v. Colorado Civil Rights Commission, 303 Creative v. Elenis, and Brush & Nib Studio v. Phoenix, which Scruggs argued at the Arizona Supreme Court. Scruggs has argued before numerous federal appellate courts and trial courts across the country and has extensive experience litigating free-speech, religious-liberty, establishment, Title IX, and equal-protection issues on behalf of students, female athletes, businesses, professionals, and non-profit entities.
Scruggs earned his B.A., summa cum laude, from Vanderbilt University in 2003 and his J.D. at Harvard Law School in 2006. He is also a 2004 Blackstone Fellow.
A member of the bars of Arizona and Tennessee, Scruggs is admitted to the U.S. Supreme Court and multiple federal district and appellate courts.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
Senior Counsel, Vice President of Litigation Strategy, Alliance Defending Freedom
Jonathan Scruggs serves as senior counsel and vice president of litigation strategy with Alliance Defending Freedom. In this role, he identifies new litigation opportunities, develops new legal strategies, and improves processes across multiple litigation teams in collaboration with the chief legal counsel.
Since joining ADF in 2006, Scruggs has worked on and prevailed in a variety of cases related to Title IX, gender ideology, and people’s right to freely express their faith, including Masterpiece Cakeshop v. Colorado Civil Rights Commission, 303 Creative v. Elenis, and Brush & Nib Studio v. Phoenix, which Scruggs argued at the Arizona Supreme Court. Scruggs has argued before numerous federal appellate courts and trial courts across the country and has extensive experience litigating free-speech, religious-liberty, establishment, Title IX, and equal-protection issues on behalf of students, female athletes, businesses, professionals, and non-profit entities.
Scruggs earned his B.A., summa cum laude, from Vanderbilt University in 2003 and his J.D. at Harvard Law School in 2006. He is also a 2004 Blackstone Fellow.
A member of the bars of Arizona and Tennessee, Scruggs is admitted to the U.S. Supreme Court and multiple federal district and appellate courts.
Vice President & Senior Legal Fellow, Defending Education
Sarah Parshall Perry is vice president and senior legal fellow at Defending Education.
Before coming to Defending Education, Sarah served as a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies, part of the Institute for Constitutional Government at Heritage, where her work centered on civil rights and the proper role of the courts.
Sarah joined Heritage after serving as Senior Counsel to the Assistant Secretary for Civil Rights at the U.S. Department of Education where she focused on policy reform, technical guidance, and the Office for Civil Rights’ (OCR) annual report to Congress. While at OCR, she was appointed by the Acting Assistant Secretary to co-chair the Employment Engagement, Diversity, & Inclusion Council and, in coordination with the Deputy Assistant Secretary for Enforcement oversee the hiring of dozens of attorneys for OCR’s 12 regional offices nationwide. Prior to her tenure at the Department of Education, she spent six years at the Family Research Council in Washington, D.C. where she was Senior Fellow for Education Reform and later, became the regular substitute host for the “Washington Watch” radio show. Her work at the Family Research Council also included the building and oversight of multiple policy coalitions geared toward the fight against antisemitism in academia, curbing tech censorship, and protecting religious liberty.
Before joining FRC, Sarah was in-house counsel and director of development for a Baltimore advertising agency, providing management of all new business transactions from pitch to contract execution for the multi-million-dollar enterprise. She began her practice at the litigation firm of Simms Showers, LLP where her work included Title VII employment discrimination, maritime/admiralty, and False Claims Act (“Qui Tam”) law. Sarah has a law degree from the University of Virginia School of Law, where she was an editor of the Virginia Journal of International Law, a recipient of the American Jurisprudence award, a Phi Delta Phi honor society member, and a student practitioner in the appellate litigation clinic where she argued before the 4th Circuit Court of Appeals. She holds a B.S. in Journalism with honors from Liberty University.
Her commentary and analysis have appeared in media outlets across the country, including the AP, BBC, Fox News, NPR, The Hill, Washington Post, Washington Times, and the New York Times. She is the mother of three children, and the author of just as many books on the trials and triumphs of parenting children on the autism spectrum. Sarah is a member of the Kirkpatrick Society at the American Enterprise Institute, and makes her home north of Baltimore, Maryland.
General Counsel, Mountain States Legal Foundation
William E. Trachman is General Counsel for Mountain States Legal Foundation, where he protects the rights of individuals to live freely and securely under the U.S. Constitution. Previously, he was appointed to serve in the Department of Education as Deputy Assistant Secretary in the Office for Civil Rights. Prior to his appointment, he served as General Counsel to the Douglas County School District, where he helped litigate the fight for school choice in the school district. Presently, Mr. Trachman serves as Chair of the Colorado Federalist Society and the Vice Chair of the U.S. Commission on Civil Rights’ Colorado Advisory Board. He previously taught as an Adjunct Professor at the University of Denver, Sturm College of Law. He attended U.C. Berkeley for both undergraduate and law school, and then clerked for the Honorable Harris Hartz on the 10th Circuit Court of Appeals. Mr. Trachman is licensed in Colorado, California, and Washington, D.C.
Justice, Supreme Court of Appeals of West Virginia
Justice-designate, Supreme Court of Appeals of West Virginia
Tazewell Taylor Professor of Law and William H. Cabell Research Professor, William & Mary Law School
Jonathan H. Adler joined the William & Mary law faculty as the Tazwell Taylor Professor of Law and William H. Cabell Research Professor in 2025. Prior to joining the faculty, he was the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law.
Professor Adler is the author or editor of seven books, including Climate Liberalism: Perspectives on Liberty, Property and Pollution (Palgrave, 2023), Marijuana Federalism: Uncle Sam and Mary Jane (Brookings Institution Press, 2020), Business and the Roberts Court (Oxford University Press, 2016) and Rebuilding the Ark: New Perspectives on Endangered Species Act Reform (AEI Press, 2011).
His articles have appeared in publications ranging from the Harvard Environmental Law Review and Yale Journal on Regulation to the Wall Street Journal, New York Times, and Washington Post. He has testified before Congress a dozen times, and his work has been cited in the U.S. Supreme Court. A 2024 study identified Professor Adler as the seventh most cited legal academic in administrative and environmental law from 2019 to 2023.
Professor Adler is a contributing editor to Civitas Outlook and a regular contributor to the popular legal blog, The Volokh Conspiracy. A regular commentator on constitutional and regulatory issues, he has appeared on numerous radio and television programs, ranging from the PBS Newshour and National Public Radio to the Fox News Channel and Entertainment Tonight.
Professor Adler is a senior fellow at the Property & Environment Research Center in Bozeman, Montana. In 2018, Professor Adler was elected to membership in the American Law Institute and helped co-found the organization Checks and Balances. In 2024, Professor Adler was appointed a public member of the Administrative Conference of the United States.
Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit.
Assistant General Counsel for Litigation, Exxon Mobil Corporation
Justin Anderson is the Assistant General Counsel for Litigation at ExxonMobil. As head of litigation, Justin is responsible for protecting ExxonMobil’s interests in disputes arising around the world. That litigation portfolio includes a variety of commercial disputes, investment treaty arbitrations, long-running climate lawsuits, environmental claims, and a diverse range of other matters. Justin has led the litigation department at ExxonMobil since July 2023.
Prior to joining ExxonMobil, Justin was a partner in the litigation department of Paul, Weiss, Rifkind, Wharton & Garrison, LLP. At the law firm, Justin represented clients in a variety of litigation and regulatory matters, including class actions, white collar matters, regulatory enforcement proceedings, and complex business litigation.
Justin previously served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of New York from 2009 to 2015. He led the investigation, prosecution, and trial of federal crimes, including financial fraud, public corruption, narcotics trafficking, identity theft, and money laundering. For his work on one of those matters, he received the John Marshall Award, the Justice Department’s highest award for trial litigators.
Earlier in his career, Justin was a law clerk to Judge José A. Cabranes of the U.S. Court of Appeals for the Second Circuit, and Judge Sidney H. Stein of the U.S. District Court for the Southern District of New York.
Justin earned his B.A. and M.A. from Johns Hopkins University and his J.D. from Yale Law School.
Deputy Administrator, United States Environmental Protection Agency
David Fotouhi was sworn in as Deputy Administrator of the United States Environmental Protection Agency on June 16, 2025.
Fotouhi is an experienced environmental attorney who previously served in senior roles at EPA. During the first term of the Trump Administration, Fotouhi served as EPA’s Acting General Counsel and Principal Deputy General Counsel. Prior to rejoining the agency, Fotouhi was a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP practicing environmental law.
Fotouhi grew up in Oklahoma and holds a B.A. from Vanderbilt University and a J.D. from Harvard Law School. Before entering private legal practice, Fotouhi served as a law clerk to the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit.
State Auditor & Securities Commissioner, West Virginia
John “JB” McCuskey is West Virginia’s 21st State Auditor. He is currently in his second term, first elected in 2016. Previously, he served two terms in the House of Delegates and practiced law in Charleston.
As Auditor, McCuskey has made it his mission to ensure an efficient, effective, and transparent government. On his watch, McCuskey has turned West Virginia into the most transparent state in the country by allowing citizens to access real-time data about how their tax dollars are spent through WVCheckbook.gov. He also established the Public Integrity and Fraud Unit which has opened more than 200 investigations into local governments, uncovering fraud totaling more than $2.5 million.
A tool to fight fraud and abuse is the use of the state Purchasing Card. Over the past five years, McCuskey has pushed for more agencies, boards and commissions, and institutions of higher education to use the P-Card, which offers an efficient method for streamlining the payment process. The P-Card program nets the state tens of millions each year in cost avoidance savings. Since Auditor McCuskey took office, the state and local governments have earned more than $41 million in rebates from the use of the P-Card.
McCuskey is also leading the nation in using augmented intelligence and machine learning to streamline government processes and mitigate fraud and abuse of taxpayer dollars. The Auditor’s Office has established a platform, the first of its kind, to be used to track government spending and highlight fraud and important trends.
Additionally, the Auditor is the Land Commissioner for the state of West Virginia. McCuskey pushed to rewrite decades old tax laws, to streamline the property tax process for taxpayers and collectors across the state. This will help speed up the process to prevent houses from becoming dilapidated during what was a very lengthy process. The legislation also created, for the first time, a payment plan for homeowners who fall on hard times.
McCuskey is a native of Harrison County, West Virginia. His parents, John and Anne McCuskey, cultivated his deep love of the Mountain State and instilled in him the values of public service.
He is a graduate of The George Washington University with a degree in Political Communication. He is also a graduate of the West Virginia University College of Law. Before attending law school, McCuskey worked as a civilian for the Department of Defense at the Pentagon in the offices of the Army and Department of Defense General Counsels.
Auditor McCuskey lives in Charleston with his wife, Wendy, and daughters, Charlotte Anne and Martha Elizabeth, and their dog Pearl, where they own a small business.
Executive Director, Alliance For Consumers
O.H. leads Alliance For Consumers, which fights to ensure that consumer protection efforts, class action lawsuits, and attorney general enforcement actions are consistent with the rule of law and benefit everyday consumers, not just class action lawyers and career bureaucrats.
His work with AFC builds off his time with the Arizona Attorney General's Office under Attorney General Mark Brnovich, where he not only defended constitutional questions and served as the State's lead counsel in the U.S. Supreme Court, but also had the privilege of leading Arizona's consumer protection lawsuit against Google over the tracking of consumers' location, and the successful case against Volkswagen over well-publicized diesel-related consumer deception.
O.H. is a 2010 graduate of Harvard Law School. Before joining Attorney General Brnovich in 2016, O.H. practiced at WilmerHale and Ropes & Gray in Boston and clerked for the Hon. J.L. Edmondson of the United States Court of Appeals for the Eleventh Circuit in Atlanta, Georgia.
Judge, United States Court of Appeals, Tenth Circuit
Judge Tymkovich, of Denver, Colorado, was nominated to the Tenth Circuit Court of Appeals by President George W. Bush, and confirmed in April 2003. On October 1, 2015 he became Chief Circuit Judge and held this position until October 2022. He was Chair of the US Judicial Conference’s Committee on Judicial Resources from 2011 to 2015. Since 2008 he has been an adjunct professor of law at the University of Colorado School of Law, teaching Election Law. He is a member of the Doyle Inn of Court, the American Law Institute, and the International Society of Barristers. Since he joined the Circuit, Judge Tymkovich has hosted judicial delegations from Russia, Kazakhstan, and Afghanistan, and has also represented the United States in programs at Kiev and Yalta in Ukraine.
Courthouse Steps Oral Argument: Little v. Hecox and West Virginia v. B.P.J.
Sarah Parshall Perry, William E. Trachman
Little v. Hecox and West Virginia v. B.P.J., both involve the question of whether states...
Courthouse Steps Oral Argument: Little v. Hecox and West Virginia v. B.P.J.
Sarah Parshall Perry, William E. Trachman
Little v. Hecox and West Virginia v. B.P.J., both involve the question of whether states...
Courthouse Steps Oral Argument: Little v. Hecox and West Virginia v. B.P.J.
Transporting Abortifacients Across State Lines: Prospects for Indictment and Extradition
Paul Linton
On January 31, 2025, a Louisiana grand jury indicted a New York physician—Dr. Margaret Carpenter—for...
Meet the Justices! WV Holiday Happy Hour
West Virginia Lawyer Chapter
Charleston, WVThe Future of Climate Litigation
Climate-related litigation is front and center in a multi-layered campaign against fossil fuels and the...
The Future of Climate Litigation
Jonathan H. Adler, Justin Anderson, David Fotouhi, John B. McCuskey, Oramel H. Skinner, Timothy M. Tymkovich
Climate-related litigation is front and center in a multi-layered campaign against fossil fuels and the...
The Future of Climate Litigation
Energy & Environment Practice Group
Washington, DCCourthouse Steps Preview: Little v. Hecox and West Virginia v. B.P.J.
Sarah Parshall Perry, Jonathan Scruggs
In 2020 and 2021, Idaho and West Virginia passed laws that required public schools and...
Courthouse Steps Preview: Little v. Hecox and West Virginia v. B.P.J.
Sarah Parshall Perry, Jonathan Scruggs
In 2020 and 2021, Idaho and West Virginia passed laws that required public schools and...