R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Partner, Earth & Water Law
Susan Bodine is a partner at Earth & Water Law.
Susan Bodine is a former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA). Prior to this position, Susan served as Chief Counsel for the Senate Committee on Environment and Public Works and previously worked for the House Committee on Transportation and Infrastructure.
This is Susan’s second position at EPA, having served as Assistant Administrator for the Office of Solid Waste and Emergency Response (now the Office of Land and Emergency Management) from 2006 to 2009.
Susan has also practiced environmental law at Covington and Burling LLP and at Barnes and Thornburg LLP.
Susan is a graduate of Princeton University and the University of Pennsylvania School of Law.
President, Environmental Law Institute
In September 2015, Scott Fulton was selected as ELI’s fifth President. Previously, Mr. Fulton was a Principal at the environmental law firm Beveridge & Diamond, P.C., and served as General Counsel of the U.S. Environmental Protection Agency (EPA) and in a number of other high-ranking government leadership positions.
Scott has a steadfast commitment to ensuring that ELI’s core functions as a convener, educator, publisher of legal scholarship and policy dialogue, and research engine remain a sound foundation on which to build for the future. He also is focused on making sure that ELI is adapting and modernizing in alignment with a rapidly changing world. Under his leadership, ELI has:
Mr. Fulton’s Past Record of Service
In addition to his role as EPA’s General Counsel, Mr. Fulton served in a number of other key leadership roles in both Republican and Democratic Administrations, including as Acting EPA Deputy Administrator, head of EPA’s Office of International Affairs, Judge on the Environmental Appeals Board, and head of the Agency’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division. An international expert on environmental governance and rule of law, he serves as a member of the United Nations Advisory Council on Environmental Justice and teaches International Environmental Governance as an adjunct professor at George Washington School of Law. He received the two highest awards given by the U.S. government for outstanding leadership—the Presidential Meritorious Executive Service Award, and the Presidential Distinguished Executive Service Award—and has been inducted into the American College of Environmental Lawyers.
Highlights of Mr. Fulton’s EPA career include:
Managing Co-Founder, Water Finance Exchange
Hank has served in many areas of environmental business and policy. His career in the environmental policy world has included leadership positions at the U.S. Environmental Protection Agency as COO (Deputy Administrator) from 1989-1993. During his time with the EPA he oversaw the development of innovative air and water programs to prevent pollution, including the development of the Energy Star program and implementation of market based trading programs under the 1990 Clean Air Act amendments. He has also served at the U.S. Department of Justice as Assistant Attorney General in charge of the Environment and Natural Resources Division from 1983-87.
In business and investing, Hank has served as Senior Vice President in charge of acquisitions and other divisions of Safety-Kleen, a billion-dollar environmental service company. He has also served as Managing Partner of SAIL Capital Partners and Vice President of William D. Ruckelshaus Associates, which co-managed the successful Environmental Venture Fund. As Co-Founder of Capital E, LLC, a strategic consultancy, he advised Fortune 100 and early stage ventures on sustainable growth strategies. He also previously served as CEO of the Global Environment & Technology Foundation (GETF).
Hank has held numerous Board seats over the years. These positions include serving as Managing Director of the US Water Partnership, Chairman of the Board of WaterHealth International, Co-Founder of the American Council on Renewable Energy and Member of the Board of the Global Water Challenge. He served as Commissioner of the National Commission on Energy Policy, has advised several Cabinet Secretaries and serves on the Advisory Board to the National Renewable Energy Lab and the Pacific Northwest National Lab. In 1991 the EPA awarded him with the Total Quality Leadership Award and in 2009 he received the national Richard Mellon Award for Environmental Stewardship. Hank holds a Bachelors degree with High Honors from Princeton University (Woodrow Wilson School) and a J.D. from the University of Virginia.
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.
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, Earth & Water Law
Susan Bodine is a partner at Earth & Water Law.
Susan Bodine is a former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA). Prior to this position, Susan served as Chief Counsel for the Senate Committee on Environment and Public Works and previously worked for the House Committee on Transportation and Infrastructure.
This is Susan’s second position at EPA, having served as Assistant Administrator for the Office of Solid Waste and Emergency Response (now the Office of Land and Emergency Management) from 2006 to 2009.
Susan has also practiced environmental law at Covington and Burling LLP and at Barnes and Thornburg LLP.
Susan is a graduate of Princeton University and the University of Pennsylvania School of Law.
President, Environmental Law Institute
In September 2015, Scott Fulton was selected as ELI’s fifth President. Previously, Mr. Fulton was a Principal at the environmental law firm Beveridge & Diamond, P.C., and served as General Counsel of the U.S. Environmental Protection Agency (EPA) and in a number of other high-ranking government leadership positions.
Scott has a steadfast commitment to ensuring that ELI’s core functions as a convener, educator, publisher of legal scholarship and policy dialogue, and research engine remain a sound foundation on which to build for the future. He also is focused on making sure that ELI is adapting and modernizing in alignment with a rapidly changing world. Under his leadership, ELI has:
Mr. Fulton’s Past Record of Service
In addition to his role as EPA’s General Counsel, Mr. Fulton served in a number of other key leadership roles in both Republican and Democratic Administrations, including as Acting EPA Deputy Administrator, head of EPA’s Office of International Affairs, Judge on the Environmental Appeals Board, and head of the Agency’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division. An international expert on environmental governance and rule of law, he serves as a member of the United Nations Advisory Council on Environmental Justice and teaches International Environmental Governance as an adjunct professor at George Washington School of Law. He received the two highest awards given by the U.S. government for outstanding leadership—the Presidential Meritorious Executive Service Award, and the Presidential Distinguished Executive Service Award—and has been inducted into the American College of Environmental Lawyers.
Highlights of Mr. Fulton’s EPA career include:
Managing Co-Founder, Water Finance Exchange
Hank has served in many areas of environmental business and policy. His career in the environmental policy world has included leadership positions at the U.S. Environmental Protection Agency as COO (Deputy Administrator) from 1989-1993. During his time with the EPA he oversaw the development of innovative air and water programs to prevent pollution, including the development of the Energy Star program and implementation of market based trading programs under the 1990 Clean Air Act amendments. He has also served at the U.S. Department of Justice as Assistant Attorney General in charge of the Environment and Natural Resources Division from 1983-87.
In business and investing, Hank has served as Senior Vice President in charge of acquisitions and other divisions of Safety-Kleen, a billion-dollar environmental service company. He has also served as Managing Partner of SAIL Capital Partners and Vice President of William D. Ruckelshaus Associates, which co-managed the successful Environmental Venture Fund. As Co-Founder of Capital E, LLC, a strategic consultancy, he advised Fortune 100 and early stage ventures on sustainable growth strategies. He also previously served as CEO of the Global Environment & Technology Foundation (GETF).
Hank has held numerous Board seats over the years. These positions include serving as Managing Director of the US Water Partnership, Chairman of the Board of WaterHealth International, Co-Founder of the American Council on Renewable Energy and Member of the Board of the Global Water Challenge. He served as Commissioner of the National Commission on Energy Policy, has advised several Cabinet Secretaries and serves on the Advisory Board to the National Renewable Energy Lab and the Pacific Northwest National Lab. In 1991 the EPA awarded him with the Total Quality Leadership Award and in 2009 he received the national Richard Mellon Award for Environmental Stewardship. Hank holds a Bachelors degree with High Honors from Princeton University (Woodrow Wilson School) and a J.D. from the University of Virginia.
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.
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.
R. B. Price and Isabelle Wade & Paul C. Lyda Professor Emeritus of Law, University of Missouri School of Law
Carl H. Esbeck is R.B. Price Professor and Isabelle Wade & Paul C. Lyda Professor of Law emeritus at the University of Missouri. After attending Cornell University School of Law where he served as an editor on the Cornell Law Review, he held a judicial clerkship with the Honorable Howard C. Bratton, chief judge of the U.S. District Court in New Mexico.
Professor Esbeck publishes widely in the area of religious liberty and church-state relations. He is recognized as the progenitor of "Charitable Choice," an integral part of the 1996 Federal Welfare Reform Act, later made a part of the faith-based initiative and equal-treatment regulations under presidents George W. Bush and Barack Obama. In addition, he has taken the lead in recognizing that the modern Supreme Court has applied the Establishment Clause not as a personal right, but as a structural limit on the government's authority in disputes involving church governance. While on leave from 1999 to 2002, Professor Esbeck directed the Center for Law & Religious Freedom (CLRF) and later served as Senior Counsel to the Deputy Attorney General at the U.S. Department of Justice. While directing the CLRF, Professor Esbeck was a central part of the congressional advocacy behind the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). While at the Department of Justice one of his duties was to direct a task force to remove barriers to the equal-treatment of faith-based organizations applying for social service grants. He is the author of Disestablishment and Religious Dissent: Church-State Relations in the New American States, 1776 - 1833 (U. of MO Press, 2019).
Distinguished University Professor, Antonin Scalia Law School, George Mason University
University Professor Nelson Lund is the author of Rousseau’s Rejuvenation of Political Philosophy: A New Introduction. He has also written widely in the field of constitutional law, including articles on constitutional interpretation, federalism, separation of powers, the Second Amendment, the Commerce Clause, the Speech or Debate Clause, the Equal Protection Clause, and the Uniformity Clause. In addition, he has published articles in the fields of employment discrimination and civil rights, the legal regulation of medical ethics, and the application of economic analysis to legal institutions and legal ethics.
Professor Lund graduated from St. John's College in Annapolis, Maryland, after which he received an MA in philosophy from the Catholic University of America and a PhD in political science from Harvard University. He left the faculty of the University of Chicago to attend its law school, where he served as executive editor of the University of Chicago Law Review and chapter chairman of the Federalist Society for Law and Public Policy Studies. After law school, he held positions at the United States Department of Justice in the Office of the Solicitor General and the Office of Legal Counsel. He also served as a law clerk to the Honorable Patrick E. Higginbotham of the United States Court of Appeals for the Fifth Circuit and to the Honorable Sandra Day O'Connor of the United States Supreme Court. Following his clerkship with Justice O'Connor, Professor Lund served in the White House as associate counsel to the president from 1989 to 1992.
Since joining the faculty at George Mason University's Antonin Scalia Law School, Professor Lund has taught Constitutional Law, Legislation, Federal Election Law, Employment Discrimination, State and Local Government, and seminars on the Second Amendment and on a variety of topics in Jurisprudence.
Partner, Earth & Water Law
Susan Bodine is a partner at Earth & Water Law.
Susan Bodine is a former Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA). Prior to this position, Susan served as Chief Counsel for the Senate Committee on Environment and Public Works and previously worked for the House Committee on Transportation and Infrastructure.
This is Susan’s second position at EPA, having served as Assistant Administrator for the Office of Solid Waste and Emergency Response (now the Office of Land and Emergency Management) from 2006 to 2009.
Susan has also practiced environmental law at Covington and Burling LLP and at Barnes and Thornburg LLP.
Susan is a graduate of Princeton University and the University of Pennsylvania School of Law.
President, Environmental Law Institute
In September 2015, Scott Fulton was selected as ELI’s fifth President. Previously, Mr. Fulton was a Principal at the environmental law firm Beveridge & Diamond, P.C., and served as General Counsel of the U.S. Environmental Protection Agency (EPA) and in a number of other high-ranking government leadership positions.
Scott has a steadfast commitment to ensuring that ELI’s core functions as a convener, educator, publisher of legal scholarship and policy dialogue, and research engine remain a sound foundation on which to build for the future. He also is focused on making sure that ELI is adapting and modernizing in alignment with a rapidly changing world. Under his leadership, ELI has:
Mr. Fulton’s Past Record of Service
In addition to his role as EPA’s General Counsel, Mr. Fulton served in a number of other key leadership roles in both Republican and Democratic Administrations, including as Acting EPA Deputy Administrator, head of EPA’s Office of International Affairs, Judge on the Environmental Appeals Board, and head of the Agency’s enforcement program. He also served as Assistant Chief of the Environmental Enforcement Section of the U.S. Department of Justice (DOJ) Environment and Natural Resources Division. An international expert on environmental governance and rule of law, he serves as a member of the United Nations Advisory Council on Environmental Justice and teaches International Environmental Governance as an adjunct professor at George Washington School of Law. He received the two highest awards given by the U.S. government for outstanding leadership—the Presidential Meritorious Executive Service Award, and the Presidential Distinguished Executive Service Award—and has been inducted into the American College of Environmental Lawyers.
Highlights of Mr. Fulton’s EPA career include:
Managing Co-Founder, Water Finance Exchange
Hank has served in many areas of environmental business and policy. His career in the environmental policy world has included leadership positions at the U.S. Environmental Protection Agency as COO (Deputy Administrator) from 1989-1993. During his time with the EPA he oversaw the development of innovative air and water programs to prevent pollution, including the development of the Energy Star program and implementation of market based trading programs under the 1990 Clean Air Act amendments. He has also served at the U.S. Department of Justice as Assistant Attorney General in charge of the Environment and Natural Resources Division from 1983-87.
In business and investing, Hank has served as Senior Vice President in charge of acquisitions and other divisions of Safety-Kleen, a billion-dollar environmental service company. He has also served as Managing Partner of SAIL Capital Partners and Vice President of William D. Ruckelshaus Associates, which co-managed the successful Environmental Venture Fund. As Co-Founder of Capital E, LLC, a strategic consultancy, he advised Fortune 100 and early stage ventures on sustainable growth strategies. He also previously served as CEO of the Global Environment & Technology Foundation (GETF).
Hank has held numerous Board seats over the years. These positions include serving as Managing Director of the US Water Partnership, Chairman of the Board of WaterHealth International, Co-Founder of the American Council on Renewable Energy and Member of the Board of the Global Water Challenge. He served as Commissioner of the National Commission on Energy Policy, has advised several Cabinet Secretaries and serves on the Advisory Board to the National Renewable Energy Lab and the Pacific Northwest National Lab. In 1991 the EPA awarded him with the Total Quality Leadership Award and in 2009 he received the national Richard Mellon Award for Environmental Stewardship. Hank holds a Bachelors degree with High Honors from Princeton University (Woodrow Wilson School) and a J.D. from the University of Virginia.
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.
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.
An Extended Essay on Church Autonomy
Carl H. Esbeck
The doctrine of church autonomy[1] is distinct from the two more familiar lines of cases...
Topics
About That Post-Election Supreme Court Nomination by Abraham Lincoln
In the wake of Amy Coney Barrett’s confirmation to the Supreme Court, it is time...
Environmental Law & Property Rights: EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach
Susan P. Bodine, Scott Fulton, F. Henry "Hank" Habicht, Lisa Heinzerling, Lawrence VanDyke
On November 9, 2020, The Federalist Society's Environmental Law & Property Rights Practice Group hosted...
Environmental Law & Property Rights: EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach
Susan P. Bodine, Scott Fulton, F. Henry "Hank" Habicht, Lisa Heinzerling, Lawrence VanDyke
On November 9, 2020, The Federalist Society's Environmental Law & Property Rights Practice Group hosted...
Environmental Law & Property Rights: EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach
2020 National Lawyers Convention
2020 National Lawyers Convention
EPA Turns 50: A Debate on Environmental Progress and Regulatory Overreach
2020 National Lawyers Convention
The Rule of Law and the Current Crisis
After Espinoza, What’s Left of the Establishment Clause?
Carl H. Esbeck
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Unleashed and Unbound: Living Textualism in Bostock v. Clayton County
Nelson Lund
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
A Conversation with Eisenhower Biographer Alan Sears
DC Young Lawyers Chapter
Washington, DC