Vice President of Law & Policy, Property and Environment Research Center
Jonathan Wood is vice president of law and policy at the Property and Environment Research Center (PERC). An attorney, Jonathan has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review, and California Western Law Review.
Prior to coming to PERC, Jonathan was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act, and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Jonathan has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News, and Hill.TV.
Jonathan has a law degree from the New York University School of Law, a masters degree in economic policy from the London School of Economics, and a bachelor’s degree in economics from the University of Texas. He is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Director, ENRD, Pacific Legal Foundation
Mark Miller is the Director of the Environment and Natural Resources practice group at Pacific Legal Foundation, where he leads the firm’s efforts to protect individuals and small businesses from government overreach in matters involving land and water, and its efforts to encourage America to better harness its abundant natural resources, including energy resources, minerals, timber, and grazing lands. Mark first joined PLF in 2014.
A seasoned appellate specialist, Mark has litigated several high-profile cases for PLF, including Weyerhaeuser v. United States Fish & Wildlife Service, U.S. Army Corps of Engineers v. Hawkes Co., and United States v. Robertson, all of them unanimous Supreme Court of the United States wins for property owners fighting federal overreach via the Clean Water Act and Endangered Species Act.
In 2020, Mark left PLF to serve as General Counsel and later Chief of Staff for then-South-Dakota Governor Kristi Noem. As Noem’s longest-serving chief of staff, he worked behind the scenes to advance limited government, cut red tape, defend individual rights, and promote free-market principles. In 2023, he returned home to PLF.
A frequent commentator and public speaker, Mark regularly appears in print, on radio and TV, and before legislative committees across the country. His commentary and work has been featured in The Wall Street Journal, CBS News, The View, CBN, and Fox News. He is a regular guest each Thursday morning on SiriusXM’s POTUS channel, offering insight on Supreme Court cases and trends.
Mark earned both his undergraduate and law degrees with honors from the University of Florida. He clerked for U.S. District Judge Henry Lee Adams, Jr., and Florida state appellate Judge Emerson R. Thompson, Jr.—two mentors who deepened his commitment to the Bill of Rights, especially the Fourth, Fifth, and Fourteenth Amendments.
Mark serves on the Board of Trustees for the University of Florida College of Law, and he is a member of the boards of directors for both Americans United for Life, the nation’s oldest pro-life non-profit law firm, and Farm of the Child USA, a nonprofit that supports an orphanage and school for children in need in Honduras called La Finca del Niño.
Partner, Mayer Brown LLP
An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice(9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in most of the Supreme Court’s recent cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, andAmchem, as well as in leading lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers 2009). Tim is ranked Band 1 in Chambers USA 2012 in Environmental Law ("sources unanimously consider Bishop to be an exceptionally strong appellate lawyer") and Legal 500 2012 comments, "Bishop is 'superb and provides exemplary service.'" Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer’s "migratory bird rule." One leading environmental law professor and practitioner has written that Tim is "industry’s leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown LLP’s 60-strong Supreme Court and Appellate Litigation Practice (which "stands head and shoulders above its competitors," according to Chambers USA 2008). Previously, he served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Recently, Tim was named one of Benchmark’s 2013 Appellate Illinois Litigation Stars.Chambers USA (2007) notes Tim’s “high visibility” and “incredible reputation for appellate law,” and he has been described in theLawdragon 500 as "a high court superstar" and a "top advocate" (2006).
Professor of Law, University of California Hastings College of the Law in San Francisco
Professor Dave Owen teaches courses in environmental, natural resources, water, land use, and administrative law. His interest in the subject area began when he was about six years old and his parents denied him access to all television except for PBS wildlife specials. He then became inordinately interested in poachers. He went on to study geology in college, primarily because the labs were outside, and became an environmental consultant. During one hot summer day of hazardous waste site sampling, while sweating miserably in a Tyvek suit and inhaling aniline fumes, he decided graduate school sounded like a nice idea. So he became an environmental lawyer. He went to Berkeley Law, where he served as editor-in-chief of Ecology Law Quarterly and was selected for the Order of the Coif.
Professor Owen went on to clerk at federal district court and then work for a small law firm in San Francisco, where his practice focused primarily on water law. He worked on Colorado River allocation, Sacramento-San Joaquin Delta litigation, and federal state disputes over the proposed Yucca Mountain nuclear waste repository, among other matters. In 2007, he began teaching at the University of Maine School of Law. He joined the Hastings faculty in 2015.
His research focuses primarily on water resource management, and some recent projects have addressed taxation of water consumption, the roles of federal regional offices, stream protection under the Clean Water Act, policies to expedite dam removals and hydropower upgrades, and the intersection of groundwater use regulation and the takings clause. Four of his articles have been recognized by his peers as among the top environmental law articles of their respective years; another article has won the Morrison Prize as the top sustainability law article of its year, and he has presented three articles at the Harvard Stanford-Yale Junior Faculty Forum. He also contributes frequently to the Environmental Law Prof Blog.
Partner, Mayer Brown LLP
An experienced appellate lawyer, Tim Bishop has argued five cases and briefed more than 60 before the US Supreme Court and has successfully handled dozens of appeals in federal and state appellate courts. He also represents clients in dispositive dismissal, summary judgment, and class certification motions in federal and state trial courts. Tim is co-author of the leading treatise, Supreme Court Practice(9th ed., 2007), a contributor to Federal Appellate Practice (2008), and a prolific author and speaker in the areas of appellate practice, environmental law, and securities law.
Tim has substantial experience in environmental and land use litigation (especially under the Clean Water Act, Endangered Species Act, Clean Air Act, federal and state Takings Clauses, and nuisance law), securities and antitrust litigation, class certification, federal and state tax controversies, labor and employment law, and constitutional appeals and litigation. In the securities area, he has submitted successful party or amicus briefs in most of the Supreme Court’s recent cases, including Dabit, Dura, Tellabs, Billing, Stoneridge, andAmchem, as well as in leading lower-court cases such as In re IPO Securities Litigation and Newton. He has broad experience in defeating class certification in complex litigation.
In the environmental law area Tim has been ranked as a top practitioner by Chambers, Best Lawyers in America, Euromoney's Best of the Best USA, and other publications, which have called him "the go-to guy if you have a serious environmental issue on appeal - he is excellent at spotting issues and is a great appellate advocate" (Chambers 2009). Tim is ranked Band 1 in Chambers USA 2012 in Environmental Law ("sources unanimously consider Bishop to be an exceptionally strong appellate lawyer") and Legal 500 2012 comments, "Bishop is 'superb and provides exemplary service.'" Tim successfully argued Solid Waste Agency of Northern Cook County in the Supreme Court, in which the Court struck down the Corps of Engineer’s "migratory bird rule." One leading environmental law professor and practitioner has written that Tim is "industry’s leading Supreme Court lawyer in environmental cases."
Since 1995, Tim has been a partner in Mayer Brown LLP’s 60-strong Supreme Court and Appellate Litigation Practice (which "stands head and shoulders above its competitors," according to Chambers USA 2008). Previously, he served as Law Clerk to US Supreme Court Justice William J. Brennan, Jr., and to Judge James L. Oakes, US Court of Appeals for the Second Circuit, and was Staff Counsel and Skadden Fellow with the American Civil Liberties Union. Recently, Tim was named one of Benchmark’s 2013 Appellate Illinois Litigation Stars.Chambers USA (2007) notes Tim’s “high visibility” and “incredible reputation for appellate law,” and he has been described in theLawdragon 500 as "a high court superstar" and a "top advocate" (2006).
Professor of Law, University of California Hastings College of the Law in San Francisco
Professor Dave Owen teaches courses in environmental, natural resources, water, land use, and administrative law. His interest in the subject area began when he was about six years old and his parents denied him access to all television except for PBS wildlife specials. He then became inordinately interested in poachers. He went on to study geology in college, primarily because the labs were outside, and became an environmental consultant. During one hot summer day of hazardous waste site sampling, while sweating miserably in a Tyvek suit and inhaling aniline fumes, he decided graduate school sounded like a nice idea. So he became an environmental lawyer. He went to Berkeley Law, where he served as editor-in-chief of Ecology Law Quarterly and was selected for the Order of the Coif.
Professor Owen went on to clerk at federal district court and then work for a small law firm in San Francisco, where his practice focused primarily on water law. He worked on Colorado River allocation, Sacramento-San Joaquin Delta litigation, and federal state disputes over the proposed Yucca Mountain nuclear waste repository, among other matters. In 2007, he began teaching at the University of Maine School of Law. He joined the Hastings faculty in 2015.
His research focuses primarily on water resource management, and some recent projects have addressed taxation of water consumption, the roles of federal regional offices, stream protection under the Clean Water Act, policies to expedite dam removals and hydropower upgrades, and the intersection of groundwater use regulation and the takings clause. Four of his articles have been recognized by his peers as among the top environmental law articles of their respective years; another article has won the Morrison Prize as the top sustainability law article of its year, and he has presented three articles at the Harvard Stanford-Yale Junior Faculty Forum. He also contributes frequently to the Environmental Law Prof Blog.
Courthouse Steps Decision: Weyerhaeuser v. United States Fish & Wildlife Service
Edward Poitevent’s family has owned timber-rich land in Louisiana since Reconstruction. In the 1990s, Weyerhaeuser...
Courthouse Steps Decision: Weyerhaeuser v. United States Fish & Wildlife Service
TeleforumCourthouse Steps: Weyerhaeuser v. United States Fish & Wildlife Service Oral Argument
In 2012, the U.S. Fish and Wildlife Service (Service or agency) designated 1,544 acres of...
Courthouse Steps: Weyerhaeuser v. United States Fish & Wildlife Service Oral Argument
TeleforumWeyerhaeuser Company v. United States Fish and Wildlife Service [SCOTUSbrief]
Jonathan Wood
St. Tammany Parish, Louisiana is home to Lake Pontchartrain, more than 6,000 businesses, and forests...
A Shy Frog, the Administrative State, and Judicial Review of Agency Decision-Making: A Preview of Weyerhaeuser v. United States Fish & Wildlife Service
Mark Miller
Note from the Editor: This article previews one of the first cases of the Supreme...
Weyerhaeuser v. United States: An Endangered Species Act
Louisiana State Student Chapter
Baton Rouge, LAWeyerhaeuser v. U.S. Fish and Wildlife Service
Timothy Bishop, Dave Owen
Does the Endangered Species Act authorize FWS to designate as “critical habitat” for an endangered...
Weyerhaeuser v. U.S. Fish and Wildlife Service
Environmental Law & Property Rights Teleforum
Teleforum