Partner, Donahue & Goldberg LLP
Sean H. Donahue's practice is focused on appellate litigation, including environmental cases in federal and state appellate courts, legal counseling, and helping clients communicate effectively to courts, agencies, and other audiences. He is a member of the bars of the District of Columbia and the State of California.
A 1992 graduate of University of Chicago Law School, Sean served as law clerk to Ruth Bader Ginsburg, then of the U.S. Court of Appeals for the D.C. Circuit, and to Justice John Paul Stevens. He entered private practice at Jenner & Block's Washington office, where he worked on civil matters including in telecommunications and First Amendment law. He then spent four years at the Department of Justice, Environmental and Natural Resources Division, Appellate Section, briefing and arguing cases in the United States Courts of Appeals, and state supreme courts concerning federal environmental and natural resources law, federal property law, takings, and Indian law.
Sean has argued approximately 50 cases in federal and state appellate courts. Since first establishing his own practice in 2002, he has represented environmental and public health organization parties in numerous major environmental and clean energy cases in the Supreme Court and the courts of appeals. His current practice includes representation of public interest organizations, governmental bodies, and private entities in environmental, energy, natural resources, and other cases. Sean has taught courses in environmental law, civil procedure, constitutional law and other subjects at Washington & Lee University School of Law, Iowa College of Law, and Georgetown University Law Center, and currently teaches climate change law and policy as a lecturer at Stanford Law School. He has given presentations at law schools including Berkeley, Columbia, Fordham, Harvard, Duke, Georgetown, Maryland, NYU, Northwestern, Stanford, University of Chicago, University of Florida, Vermont Law School, and Washington & Lee.
Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center
Lisa Heinzerling is the Justice William J. Brennan, Jr. Professor of Law at Georgetown University. Her primary specialties are administrative law and environmental law. She is the author of several books, including Priceless: On Knowing the Price of Everything and the Value of Nothing, a critique of the use of cost-benefit analysis in environmental policy. Professor Heinzerling has received the Georgetown University President's Award for Distinguished Scholar-Teachers, the faculty teaching award at Georgetown Law, and several awards related to her scholarship and advocacy in environmental law. She was the lead author of the winning briefs in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act gives EPA the authority to regulate greenhouse gases. From January 2009 to July 2009, Heinzerling served as Senior Climate Policy Counsel to the Administrator of the Environmental Protection Agency and then, from July 2009 to December 2010, she served as Associate Administrator of EPA’s Office of Policy. She was a law clerk to Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and Justice William J. Brennan, Jr. of the U.S. Supreme Court.
Executive Vice President, The Heritage Foundation
Derrick Morgan has thirty years’ experience in business, government, law, politics, and policy and now serves as the Executive Vice President of The Heritage Foundation, overseeing policy and government relations.
In business, Morgan led the American Fuel and Petrochemical Manufacturers’ (AFPM) advocacy efforts, testified before Congress, and wrote and spoke widely on fuels issues including energy security, fuel prices, and regulatory burdens such as the Renewable Fuel Standard. At AFPM and on the Hill, he opposed electric vehicle mandates and subsidies and warned against conventional wisdom, predicting EV adoption would be far from universal.
In government, law, and politics, Morgan served in all three branches of government including four senators and one representative in roles including campaign aide, counsel to the Senate Republican Policy Committee, and chief of staff to Senator Ben Sasse of Nebraska. In addition, he served as assistant, special counsel, and staff secretary for Vice President Richard B. Cheney, where he traveled frequently with the Vice President as a member of his senior staff and was the final substantive stop for all papers, remarks, and statements. As a leadership staffer for Senator Thune on Capitol Hill, Morgan helped organize opposition to “Card Check” legislation that would have eliminated the secret ballot for workers in union elections and harmful climate legislation like cap-and-trade and carbon taxes. Following law school and between stints at Gibson, Dunn & Crutcher LLP, Morgan clerked for a federal district judge in Texas.
In policy, Morgan previously worked at Heritage, first as Chief of Staff to the organization’s Founder and President, Ed Feulner, and later as Vice President of Domestic Policy. At Heritage, Morgan was privileged to fight “comprehensive” immigration reform that included amnesty for illegal immigrants when the Beltway political class overwhelmingly supported it.
A longtime movement leader on energy, the economy, and immigration, he has appeared on radio and television outlets including Fox News, Fox Business, Newsmax, CNN, CNBC, and C-SPAN. His commentary has been published widely including in The Wall Street Journal, The New York Times, Los Angeles Times, Politico, Real Clear Politics, and USA Today.
Morgan received his undergraduate degree at the University of Texas at Dallas, where he gave the honors commencement address and later received a Distinguished Alumni Award. He holds a JD from The Georgetown University Law Center.
Commissioner, Federal Energy Regulatory Commission
Lindsay S. See joined the Federal Energy Regulatory Commission as a Commissioner in June 2024. Before her current role, Commissioner See served as the Solicitor General of West Virginia, where she managed appellate and high-stakes litigation for the State. With a particular focus on energy and administrative law, her work included leading multi-state and multi-interest coalitions on a variety of national issues. She argued twice before the U.S. Supreme Court, filed multi-state comments in dozens of agency rulemakings, and routinely appeared before the Supreme Court of Appeals of West Virginia and the federal courts of appeals.
Commissioner See previously practiced appellate and administrative law for several years with Gibson, Dunn & Crutcher in Washington, D.C. She graduated magna cum laude from Harvard Law School and clerked for the Hon. Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. Originally from Michigan, See now considers herself both a proud Michigander and Mountaineer.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Partner, Donahue & Goldberg LLP
Sean H. Donahue's practice is focused on appellate litigation, including environmental cases in federal and state appellate courts, legal counseling, and helping clients communicate effectively to courts, agencies, and other audiences. He is a member of the bars of the District of Columbia and the State of California.
A 1992 graduate of University of Chicago Law School, Sean served as law clerk to Ruth Bader Ginsburg, then of the U.S. Court of Appeals for the D.C. Circuit, and to Justice John Paul Stevens. He entered private practice at Jenner & Block's Washington office, where he worked on civil matters including in telecommunications and First Amendment law. He then spent four years at the Department of Justice, Environmental and Natural Resources Division, Appellate Section, briefing and arguing cases in the United States Courts of Appeals, and state supreme courts concerning federal environmental and natural resources law, federal property law, takings, and Indian law.
Sean has argued approximately 50 cases in federal and state appellate courts. Since first establishing his own practice in 2002, he has represented environmental and public health organization parties in numerous major environmental and clean energy cases in the Supreme Court and the courts of appeals. His current practice includes representation of public interest organizations, governmental bodies, and private entities in environmental, energy, natural resources, and other cases. Sean has taught courses in environmental law, civil procedure, constitutional law and other subjects at Washington & Lee University School of Law, Iowa College of Law, and Georgetown University Law Center, and currently teaches climate change law and policy as a lecturer at Stanford Law School. He has given presentations at law schools including Berkeley, Columbia, Fordham, Harvard, Duke, Georgetown, Maryland, NYU, Northwestern, Stanford, University of Chicago, University of Florida, Vermont Law School, and Washington & Lee.
Justice William J. Brennan, Jr., Professor of Law, Georgetown University Law Center
Lisa Heinzerling is the Justice William J. Brennan, Jr. Professor of Law at Georgetown University. Her primary specialties are administrative law and environmental law. She is the author of several books, including Priceless: On Knowing the Price of Everything and the Value of Nothing, a critique of the use of cost-benefit analysis in environmental policy. Professor Heinzerling has received the Georgetown University President's Award for Distinguished Scholar-Teachers, the faculty teaching award at Georgetown Law, and several awards related to her scholarship and advocacy in environmental law. She was the lead author of the winning briefs in Massachusetts v. EPA, in which the Supreme Court held that the Clean Air Act gives EPA the authority to regulate greenhouse gases. From January 2009 to July 2009, Heinzerling served as Senior Climate Policy Counsel to the Administrator of the Environmental Protection Agency and then, from July 2009 to December 2010, she served as Associate Administrator of EPA’s Office of Policy. She was a law clerk to Judge Richard A. Posner of the U.S. Court of Appeals for the Seventh Circuit and Justice William J. Brennan, Jr. of the U.S. Supreme Court.
Executive Vice President, The Heritage Foundation
Derrick Morgan has thirty years’ experience in business, government, law, politics, and policy and now serves as the Executive Vice President of The Heritage Foundation, overseeing policy and government relations.
In business, Morgan led the American Fuel and Petrochemical Manufacturers’ (AFPM) advocacy efforts, testified before Congress, and wrote and spoke widely on fuels issues including energy security, fuel prices, and regulatory burdens such as the Renewable Fuel Standard. At AFPM and on the Hill, he opposed electric vehicle mandates and subsidies and warned against conventional wisdom, predicting EV adoption would be far from universal.
In government, law, and politics, Morgan served in all three branches of government including four senators and one representative in roles including campaign aide, counsel to the Senate Republican Policy Committee, and chief of staff to Senator Ben Sasse of Nebraska. In addition, he served as assistant, special counsel, and staff secretary for Vice President Richard B. Cheney, where he traveled frequently with the Vice President as a member of his senior staff and was the final substantive stop for all papers, remarks, and statements. As a leadership staffer for Senator Thune on Capitol Hill, Morgan helped organize opposition to “Card Check” legislation that would have eliminated the secret ballot for workers in union elections and harmful climate legislation like cap-and-trade and carbon taxes. Following law school and between stints at Gibson, Dunn & Crutcher LLP, Morgan clerked for a federal district judge in Texas.
In policy, Morgan previously worked at Heritage, first as Chief of Staff to the organization’s Founder and President, Ed Feulner, and later as Vice President of Domestic Policy. At Heritage, Morgan was privileged to fight “comprehensive” immigration reform that included amnesty for illegal immigrants when the Beltway political class overwhelmingly supported it.
A longtime movement leader on energy, the economy, and immigration, he has appeared on radio and television outlets including Fox News, Fox Business, Newsmax, CNN, CNBC, and C-SPAN. His commentary has been published widely including in The Wall Street Journal, The New York Times, Los Angeles Times, Politico, Real Clear Politics, and USA Today.
Morgan received his undergraduate degree at the University of Texas at Dallas, where he gave the honors commencement address and later received a Distinguished Alumni Award. He holds a JD from The Georgetown University Law Center.
Commissioner, Federal Energy Regulatory Commission
Lindsay S. See joined the Federal Energy Regulatory Commission as a Commissioner in June 2024. Before her current role, Commissioner See served as the Solicitor General of West Virginia, where she managed appellate and high-stakes litigation for the State. With a particular focus on energy and administrative law, her work included leading multi-state and multi-interest coalitions on a variety of national issues. She argued twice before the U.S. Supreme Court, filed multi-state comments in dozens of agency rulemakings, and routinely appeared before the Supreme Court of Appeals of West Virginia and the federal courts of appeals.
Commissioner See previously practiced appellate and administrative law for several years with Gibson, Dunn & Crutcher in Washington, D.C. She graduated magna cum laude from Harvard Law School and clerked for the Hon. Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. Originally from Michigan, See now considers herself both a proud Michigander and Mountaineer.
Judge, United States Court of Appeals, Ninth Circuit
Lawrence VanDyke serves as a circuit judge on the U.S. Court of Appeals for the Ninth Circuit. Prior to that appointment in January 2020, he served as a Deputy Assistant Attorney General in the Environment and Natural Resources Division of the United States Department of Justice. Before that, he served consecutively as the Solicitor General of two western states – Nevada and Montana. At the beginning of his legal career, he worked as an attorney in the Appellate and Constitutional Issues practice group at Gibson Dunn & Crutcher, LLP.
Judge VanDyke received his law degree magna cum laude from Harvard Law School, where he was an editor on the Harvard Law Review. He has engineering and theology undergraduate degrees and a masters degree in engineering management. He served as a law clerk to the Honorable Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. Judge VanDyke and his wife Cheryl live in Reno, Nevada, and they have three children.
Associate Justice, Arkansas Supreme Court
Nicholas Bronni was appointed to the Arkansas Supreme Court by Governor Sarah Huckabee Sanders on December 20, 2024, and he began his service on January 1, 2025.
Before being appointed to the bench, Justice Bronni served as the Solicitor General of Arkansas. In that role, he successfully argued two cases in the United States Supreme Court: Delaware v. Pennsylvania, 598 U.S. 115 (2023), an original jurisdiction case concerning unclaimed property; and Rutledge v. PCMA, 592 U.S. 80 (2020), an ERISA preemption case. Justice Bronni also successfully argued numerous cases before federal and state appellate courts, including Arkansas Times v. Waldrip, 37 F.4th 1386 (8th Cir. 2022) (en banc), which upheld Arkansas's law barring state contractors from boycotting Israel; and Arkansas State Conf. NAACP v. Arkansas Bd. of Apportionment, 86 F.4th 1204 (8th Cir. 2023), a landmark case holding that Section 2 of the Voting Rights Act is not privately enforceable. As Solicitor General, Justice Bronni received the National Association of Attorneys General's 2024 Best Supreme Court Brief Award for his multistate amicus brief in Muldrow v. City of St. Louis, Missouri, 601 U.S. 346 (2024).
Justice Bronni received his law degree with magna cum laude honors from the University of Michigan Law School. At Michigan, he was an editor of the Michigan Law Review and was elected to the Order of the Coif. He received his undergraduate degree, summa cum laude, and with special departmental honors from the Elliott School of International Affairs at the George Washington University.
Prior to returning home to Arkansas, Justice Bronni was a Senior Litigation Counsel with the Appellate Litigation Group at the United States Securities and Exchange Commission. He was also an associate with Gibson Dunn and Crutcher LLP in Washington, DC. Justice Bronni clerked for the Honorable Jay S. Bybee of the United States Court of Appeals for the Ninth Circuit.
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.
Commissioner, Federal Energy Regulatory Commission
Lindsay S. See joined the Federal Energy Regulatory Commission as a Commissioner in June 2024. Before her current role, Commissioner See served as the Solicitor General of West Virginia, where she managed appellate and high-stakes litigation for the State. With a particular focus on energy and administrative law, her work included leading multi-state and multi-interest coalitions on a variety of national issues. She argued twice before the U.S. Supreme Court, filed multi-state comments in dozens of agency rulemakings, and routinely appeared before the Supreme Court of Appeals of West Virginia and the federal courts of appeals.
Commissioner See previously practiced appellate and administrative law for several years with Gibson, Dunn & Crutcher in Washington, D.C. She graduated magna cum laude from Harvard Law School and clerked for the Hon. Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. Originally from Michigan, See now considers herself both a proud Michigander and Mountaineer.
Associate Justice, Arkansas Supreme Court
Justice Wood is in her 16th year on the bench. She has been on the Supreme Court since 2015. Prior to that, she served 2 years on the Court of Appeals and 6 years on the trial court. She was appointed by then Gov. Mike Huckabee and subsequently elected to the trial, intermediate and Supreme Courts of Arkansas.
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.
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.
Commissioner, Federal Energy Regulatory Commission
Lindsay S. See joined the Federal Energy Regulatory Commission as a Commissioner in June 2024. Before her current role, Commissioner See served as the Solicitor General of West Virginia, where she managed appellate and high-stakes litigation for the State. With a particular focus on energy and administrative law, her work included leading multi-state and multi-interest coalitions on a variety of national issues. She argued twice before the U.S. Supreme Court, filed multi-state comments in dozens of agency rulemakings, and routinely appeared before the Supreme Court of Appeals of West Virginia and the federal courts of appeals.
Commissioner See previously practiced appellate and administrative law for several years with Gibson, Dunn & Crutcher in Washington, D.C. She graduated magna cum laude from Harvard Law School and clerked for the Hon. Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit. Originally from Michigan, See now considers herself both a proud Michigander and Mountaineer.
Partner, Hunton Andrews Kurth
Mr. Leopold is a Partner with the law firm of Hunton Andrews Kurth in Washington, DC. He is the former Senate-confirmed general counsel of the U.S. EPA from 2018-2020, and he previously was a litigator at the U.S. Department of Justice, Environment and Natural Resources Division form 2007-2013. As EPA General Counsel, he counseled on the development and defense of EPA’s most significant rulemakings, including the Affordable Clean Energy Rule, the Navigable Waters Protection Rule, and the Safe Affordable Fuel‐Efficient (SAFE) Vehicles Rule, as well as several pesticide actions. He was personally involved in defending EPA in litigation, including the County of Maui v. Hawaii Wildlife Fund in the U.S. Supreme Court. Mr. Leopold’s prior government service also includes working in Florida as general counsel of the Florida Department of Environmental Protection. He now represents clients in regulatory advocacy before federal agencies, litigates federal environmental actions, and defends clients with EPA enforcement issues.
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.
Environmental Law After West Virginia v. EPA: Can the Biden Administration’s “Whole of Government” Approaches Survive Judicial Review?
Sean H. Donahue, Lisa Heinzerling, Derrick Morgan, Lindsay See, Lawrence VanDyke
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