Memo to the Next President: A Progressive Vision of Government and Protective Safeguards

Alejandro Camacho is Chancellor's Professor of Law at the University of California, Irvine, and Faculty Director, UCI Center for Land, Environment, and Natural Resources. He has a joint appointment in Law and Political Science. He also serves on the Board of the Center for Progressive Reform.

Professor Camacho’s scholarship explores the goals, structures, and processes of regulation, with a particular focus on natural resources and public lands law, pollution control law, and land use regulation. His writing considers the role of public participation and scientific expertise in regulation, the allocation of authority and relationships between regulatory institutions, and how the design and goals of legal institutions must and can be reshaped to more effectively account for emerging technologies and the dynamic character of natural and human systems.

His legal scholarship includes articles published or forthcoming in the Yale Journal on Regulation, Washington University Law Review, Vanderbilt Law Review, UCLA Law Review, Stanford Environmental Law Journal, North Carolina Law Review, Harvard Journal on Legislation, Emory Law Journal, Colorado Law Review, Columbia Journal of Environmental Law, and BYU Law Review. Professor Camacho is the co-author, with fellow CPR Member Scholar Robert Glicksman, of Reorganizing Government: A Functional and Dimensional Framework, published by NYU Press in 2019.

Professor Camacho’s interdisciplinary research involves collaborations with experts in ecology, land use planning, political science, computer science, genetics, philosophy, and sociology. He was a co-investigator on National Science Foundation-funded research developing a collaborative cyber-infrastructure for facilitating climate change adaptation. His scientific publications include articles in BioScience, the Journal of Applied Ecology, Issues in Science and Technology, and the Proceedings of the National Academy of Sciences.

He is a frequent public speaker and has contributed opinion pieces or interviews for various print and radio news outlets (including the Los Angeles Times, Houston Chronicle, Chicago Tribune, San Francisco Chronicle, Denver Post, The Australian, Discover, Nature Climate Change, Bloomberg, Businessweek, HuffPost, Mother Jones, The Hill, and National Public Radio stations).

Professor Camacho is an elected member of the American Law Institute. He also serves as the inaugural Director of the UCI Law Center for Land, Environment, and Natural Resources, which seeks to promote policy-relevant research and public engagement through conferences, lectures, publications, and stakeholder facilitation on a variety of regional and national environmental issues. He is a Scholar at the Center for Progressive Reform, a nonprofit think tank devoted to issues of environmental protection and safety. He is on the Executive Committee of UCI OCEANS, and holds a courtesy appointment in Political Science at UCI’s School of Social Sciences. He is the former chair of the Association of American Law Schools’ Section on Natural Resources.

In Fall 2017, he was the Florence Rogatz Visiting Professor of Law at the Yale Law School. Before joining UCI, Professor Camacho was an Associate Professor at the Notre Dame Law School, a research fellow at the Georgetown University Law Center, and practiced environmental and land use law.

Alejandro Camacho
University of California, Irvine School of Law
401 East Peltason Drive, 4500-A
Irvine, CA 92697-8000
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Robert L. Glicksman is the J. B. and Maurice C. Shapiro Professor of Environmental Law at the George Washington University Law School. He is a member of the board of directors of the Center for Progressive Reform.

Professor Glicksman has expertise in both of the two main branches of environmental law, pollution control and public natural resources law.  His recent research has focused largely on climate change issues, public natural resources issues, and the intersection of the two. He has taught three different environmental law courses -- a survey course covering both of these branches and more specialized courses in regulation of air and water pollution and toxic substances and hazardous waste regulation. He also regularly teaches property law (including regulatory takings cases involving environmental controls) and administrative law. Professor Glicksman has written on all of these topics for more than 25 years.

Professor Glicksman worked in private practice for four years after graduating from the Cornell Law School. He practiced for Cleary, Gottlieb, Steen & Hamilton, a nationally recognized law firm with an office in Washington, D.C., serving industrial clients in the energy and chemical industries. Professor Glicksman returned to private practice in 1993-94 while on leave from the University of Kansas. During that time, he worked for Lowenstein Sandler, a firm in Roseland, N.J. with a thriving environmental law practice, providing advice to clients on hazardous waste-related issues.

In addition to his experiences in private practice, Professor Glicksman served as a consultant to the Secretariat for the Commission for Environmental Cooperation. The CEC is an international organization established by the North American Agreement on Environmental Cooperation (the environmental side agreement to NAFTA) on issues pertaining to the resolution of international disputes among Canada, Mexico, and the United States on issues of both domestic and international environmental law. Professor Glicksman's role was to provide advice concerning the proper disposition of submissions by NGOs seeking a finding by the CEC that the signatory parties have failed to effectively enforce their environmental laws.

Professor Glicksman has published widely in the areas of pollution control, public natural resources management, and administrative law. His book Risk Regulation At Risk: Restoring a Pragmatic Balance (Stanford University Press 2003, with Sidney Shapiro), takes issue with the notion that economic efficiency should be the sole or even principal criterion governing the establishment and implementation of laws and regulations designed to reduce the health and environmental risks attributable to industrial activities. The authors urge instead a pragmatic approach to risk regulation that takes into account other values. Professor Glicksman is the lead co-author of an environmental law casebook, Environmental Protection: Law and Policy (Aspen Law and Business), now in its fifth edition (with Professors Markell, Buzbee, Mandelker, and Tarlock). Professor Glicksman is also the co-author (with George C. Coggins) of the leading treatise on public land and resource management, Public Natural Resources Law, (now in its second edition), as well as a student nutshell on the same subject, Modern Public Land Law (now in its third edition). He has also contributed a chapter entitled, “Federal Preemption by Inaction,” in Preemptive Choice: The Theory, Law, and Reality of Federalism’s Core Question, 2009, edited by fellow CPR Member Scholar William Buzbee, and “Environmental Law,” in Kansas Annual Survey, 2007.

Professor Glicksman's law review articles have been published in journals that include the Pennsylvania Law Review, the Northwestern University Law Review, the Duke Law Journal, the Vanderbilt Law Review, the Wake Forest Law Review, the Columbia Journal of Environmental Law, the Stanford Environmental Law Journal, the UCLA Journal of Environmental Law and Policy, the Virginia Environmental Law Journal, the Boston College Environmental Affairs Law Review, the William & Mary Environmental Law & Policy Review, the Oregon Law Review, the Loyola Law Review, The Administrative Law Review, the Chicago-Kent Law Review, and the Denver University Law Review. Two of Professor Glicksman's articles on judicial review of environmental decision-making (co-authored with Christopher Schroeder, a CPR Board member), have been singled out for recognition as the best in the field for a particular year and have been republished in the Land Use & Environment Law Review. A third article by Professor Glicksman on regulatory takings was also republished in that review. Another of Professor Glicksman's articles, on the Supreme Court and its treatment of environmental law issues, was designated in 1994 by Professor William Rodgers of the University of Washington as one of the 25 best environmental law articles ever written.

Professor Glicksman was instrumental in the expansion of the environmental law curriculum at the University of Kansas School of Law. He helped to establish a certificate program in environmental and natural resources law. He is now the J.B. & Maurice C. Shapiro Professor of Environmental Law at the George Washington University Law School. 

Robert Glicksman
The George Washington University Law School
2000 H Street, N.W.
Washington, DC 20052
202.994.4641

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David M. Driesen is a University Professor at Syracuse University College of Law, and an Adjunct Associate Professor at the State University of New York College of Environmental Science and Forestry. He holds a J.D. from Yale Law School. He is a member of the editorial board of the Carbon and Climate Law Review, published in Berlin and Environmental Law, published in Oxford.

Professor Driesen has taught and written in the areas of environmental law, international environmental law, and constitutional law for many years.

While in academia, Professor Driesen has devoted significant time to defending the constitutionality of environmental law. He represented the United States Public Interest Research Group Education Fund in the American Trucking case before the Supreme Court, public health groups in defending California’s Clean Fuel Fleet Programs against a preemption challenge, and constitutional law professors in defending the Endangered Species Act’s constitutionality. He also represented several United States Senators, including Hilary Clinton, in a challenge to EPA's new source review rules in the United States Court of Appeals for the District of Columbia Circuit. He has acted as a consultant for American Rivers and other environmental groups on Clean Water Act issues stemming from the Supreme Court's federalism decisions. And he has testified before Congress on lessons from the implementation of the 1990 Clean Air Act Amendments.

Professor Driesen worked as a project attorney and then senior project attorney in the air and energy program for the Natural Resources Defense Council. He also served on EPA National Pollution Control Techniques Advisory Committee. Prior to that time, he was an Assistant Attorney General in the Special Litigation Division of the Washington State Attorney General's Office and a law clerk to Justice Robert Utter of the Washington State Supreme Court.

Professor Driesen has published widely in the areas of environmental law and policy.  He edited and contributed two chapters in Economic Thought and U.S. Climate Change Policy, MIT Press 2009, and edited and contributed one chapter in Beyond Environmental Law: Policy Proposals for a Better Environmental Future, edited with fellow CPR Member Scholar Alyson Flournoy. His book, The Economic Dynamics of Environmental Law (MIT Press 2003), reframes the debate over regulatory reform to take change over time into account. The book argues that static efficiency-based approaches fail to adequately address the tendency of rising population and consumption to increase environmental destruction over time. The book critiques cost-benefit analysis, emissions trading, and free trade-based restrictions on international environmental protection and recommends reforms rooted in an economic dynamic analysis. Professor Driesen received the Lynton Keith Caldwell Award for the book. His most recent book, The Economic Dynamics of Law (Cambridge University Press 2012) further develops the economic dynamic theory and applies it to climate disruption and to subjects outside the environmental realm. He, along with Robert Adler and Kirsten Engel, has also written the textbook, Environmental Law: A Conceptual and Pragmatic Approach (Aspen 3rd ed. 2016).

Professor Driesen has published articles on emissions trading in  Environmental Law, Harvard Environmental Law Review, and leading environmental journals, on cost-benefit analysis in Ecology Law Quarterly, Colorado Law Review and Environmental Law, and on free trade and the environment in the Virginia Journal of International Law. His articles on constitutional law have appeared in the Cornell Law Review and elsewhere. His writing critiquing the dichotomy between "command and control" regulation and economic incentives has been especially widely cited and has helped spawn a more sophisticated third generation literature on economic incentives.

Professor Driesen is known primarily as a critic of efficiency-based law and economics and as a proponent of an alternative approach based on institutional economics and emphasizing stimulation of innovation. He plays trumpet with the Excelsior Cornet Band and the Syracuse University Brass Ensemble. Before going to law school he taught and performed in symphony orchestras in the United States, Brazil, Mexico, and Austria, learning German, Portuguese, and Spanish in the process.  

David Driesen
Syracuse University College of Law
Syracuse, NY 
315.443.4218
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Twitter: @dmdriesen

Thomas O. McGarity holds the Joe R. and Teresa Lozano Long Endowed Chair in Administrative Law at the University of Texas in Austin. He is a member of the board of directors of the Center for Progressive Reform, and a past president of the organization.

Professor McGarity has taught and written in the areas of Administrative Law, Environmental Law, Occupational Safety and Health Law, Food Safety Law, Science and the Law, and Torts for twenty-five years.

While in academia, McGarity has served as a consultant and/or advisor to the Administrative Conference of the United States, the Office of Technology Assessment of the U.S. Congress (OTA), the U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration (OSHA), the Texas Department of Agriculture, and the Texas Natural Resource Conservation Commission. With Professor Sidney A. Shapiro, Professor McGarity designed and helped initiate a rulemaking prioritization process for OSHA rulemaking during the early 1990s. As a consultant to OTA, Professor McGarity helped write the "Regulatory Tools" report that agencies have frequently cited in designing regulatory programs. As a consultant to the Texas Department of Agriculture, McGarity was a primary draftsperson of that agency's first farmworker protection regulations in the late 1980s. During the mid-1990s, he was also actively involved in the drafting of and negotiations surrounding the federal Food Quality Protection Act.

Professor McGarity began his legal career in the Office of General Counsel of the Environmental Protection Agency. In the private sector, Professor McGarity has served as counsel or consultant in various legal and administrative proceedings to the Natural Resources Defense Council, Public Citizen, the Sierra Club, the American Lung Association, the National Audubon Society, Texas Rural Legal Aid, California Rural Legal Aid, and many local organizations, including, for example, The Bear Creek Citizens for the Best Environment Ever. McGarity has also served on many advisory committees for such entities as the U.S. Environmental Protection Agency, the Office of Technology Assessment, and the National Academy of Sciences.

Professor McGarity has published widely in the areas of regulatory law and policy. His book Reinventing Rationality analyzes the advantages and disadvantages of cost-benefit analysis in regulatory decision-making and describes the use of such regulatory impact assessments by federal agencies and the Office of Management and Budget during the Reagan Administration. Workers at Risk, co-authored with Sidney A. Shapiro, describes rulemaking, implementation and enforcement in the Occupational Safety and Health Administration from its inception in 1970 through 1990. The book then analyzes OSHA's strengths and weaknesses and makes many recommendations for improving standard-setting and enforcement. McGarity's casebook, The Law of Environmental Protection, co-authored with John Bonine, has been used in introductory Environmental Law courses at law schools throughout the country. His relatively recent books include The Preemption War: When Federal Bureaucracies Trump Local Juries, Yale University Press 2008, and Bending Science: How Special Interest Corrupt Public Health Research, Harvard University Press 2008, co-authored with fellow CPR Member Scholar Wendy Wagner.

Professor McGarity has published dozens of articles on environmental law, administrative law, and toxic torts in prominent law reviews, such as the Harvard Law Review, Chicago Law Review, Pennsylvania Law Review and Law & Contemporary Problems, as well as in specialty journals, such as the Administrative Law Review, the Harvard Environmental Law Review, Risk, and the Kansas Journal of Law & Public Policy, and consumer magazines like the American Prospect and the Hastings Center Report. McGarity has written on federal regulation of biotechnology since the advent of the commercialization of recombinant DNA techniques, and his article in the Duke Law Journal on the "ossification" of the federal rulemaking process, which elaborates on the dangers of encumbering the process of promulgating health and environmental rules with burdensome analytical requirements and review procedures, is frequently cited in the recurrent "regulatory reform" debates.

Professor McGarity has been an active participant in efforts to improve health, safety and environmental quality in the United States. He has testified before many congressional committees on environmental, administrative law, preemption of state tort laws in cases involving medical devices, and occupational safety and health issues. During the first session of the 104th Congress (the "Gingrich" Congress), Professor McGarity was frequently the lone representative of the view that federal regulation had an important role to play in protecting public health and the environment on panels testifying before House and Senate Committee considering "regulatory reform" legislation. Professor McGarity has also participated in path-breaking legal challenges to government inaction like Environmental Defense Fund v. Blum (a challenge to EPA's decision to allow further use of the carcinogenic pesticide mirex through emergency use exemptions) and Les v. Reilly (a challenge to EPA's failure to establish protective tolerances for eight carcinogenic pesticides). As a result of the latter litigation, the pesticide industry was forced to accept the greater protections afforded children in the Food Quality Protection Act of 1996. 

Thomas McGarity
The University of Texas School of Law
Austin, TX
512.232.1384
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Sidney A. Shapiro holds the Fletcher Chair in Administrative Law at the Wake Forest University School of Law and is the Associate Dean for Research and Development. He is a member of the board of directors of the Center for Progressive Reform.

Professor Shapiro has taught and written in the areas of Administrative Law, Regulatory Law and Policy, Environmental Policy, and Occupational Safety and Health Law for 25 years.

While in academia, Shapiro has served as a consultant to the Administrative Conference of the United States (ACUS), the Office of Technology Assessment of the U.S. Congress (OTA), and the U.S. Occupational Safety and Health Administration (OSHA). With Professor Thomas O. McGarity, Professor Shapiro designed and helped initiate a rulemaking prioritization process for OSHA rulemaking during the early 1990s. As a consultant to OTA, Professor Shapiro assessed various regulatory tools or options that agencies can use to implement regulation. As a consultant to ACUS, Professor Shapiro studied the efficacy of the regulatory process at EPA (noise control), OSHA, and the Food and Drug Administration (FDA).

Professor Shapiro began his legal career as a trial attorney in the Bureau of Competition of the Federal Trade Commission and later worked as the Deputy Legal Counsel, Secretary's Review Panel on New Drug Regulation at the Department of Health, Education and Welfare.

Professor Shapiro has published widely in the areas of regulatory law and policy. He co-authored The People’s Agents and the Battle to Protect the American Public: Special Interests, Government, and Threats to Health, Safety, and the Environment, with CPR President, Rena Steinzor. This book reviewed years of government actions and inactions leading to the decline of the five protector agencies. His book, Risk Regulation at Risk: Restoring a Pragmatic Approach, analyzes health and safety and environmental protection laws and policy, and argues for a pragmatic approach to policy in these areas instead of using economic analysis to set regulatory goals. Workers at Risk, co-authored with Thomas O. McGarity, describes rulemaking, implementation and enforcement in the Occupational Safety and Health Administration from its inception in 1970 through 1990. The book analyzes OSHA's strengths and weaknesses and makes many recommendations for improving standard-setting and enforcement. Shapiro's casebook, Administrative Law and Procedure: A Problem Approach, co-authored with William Funk and Russell Weaver, is used in administrative law courses at law schools throughout the country. His casebook, Regulatory Policy and Law, is the first of its kind, and is used to train lawyers to evaluate and advocate for public policy.

Professor Shapiro has published dozens of articles on regulatory policy, health and safety laws, environmental law and administrative law in prominent law reviews, such as the Harvard Law Review, Duke Law Journal and the Wake Forest Law Review, as well as in specialty journals, such as the Administrative Law Review and the Ecology Law Quarterly.

Professor Shapiro has been an active participant in efforts to improve health, safety and environmental quality in the United States. He has testified before congressional committees on administrative law and occupational safety and health issues. He has worked with various public interest groups in advisory and support capacities, including Public Citizen Global Trade Watch, Public Citizen Congress Watch, and OMB Watch. 

Sidney Shapiro
Wake Forest University School of Law
Winston-Salem, NC
336.758.7320
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Joseph P. Tomain is Dean Emeritus and the Wilbert & Helen Ziegler Professor of Law at the University of Cincinnati College of Law.

Dean Tomain's research and teaching interests have focused on Energy Law, Land Use, Government Regulation, and Contracts. Dean Tomain received his J.D. from George Washington University National Law Center and his A.B. from the University of Notre Dame.

Most of Dean Tomain's working experience has been in the academy. He has had regulatory experience in practice and stays involved in energy and environmental matters as a member of the advisory board of the Institute of Environmental Studies at Miami University in Oxford, Ohio. Additionally, his work in the field of energy comes through publications, the occasional commentary, and news editorials. He is also a member of the Multidisciplinary Council of Tennessee, which is examining issues surrounding science in the courtroom.

After completing law school, Dean Tomain worked in the private sector for a New Jersey law firm handling general litigation matters. He began his law teaching career in 1976 at Drake University Law School and joined the University of Cincinnati in 1983. In 1986-87 he served as Visiting Professor at the University of Texas School of Law. He has either planned programs or presented papers for the Association of American Law Schools; American Bar Association; American Judicature Society; American Legal Studies Association; American Planning Association; Canadian Institute on Resources Law; Cincinnati Bar Association; Conference of Chief Justices; Federal Bar Association; Hofstra University School of Law; Iowa Planning Association; North American Conference on Peacemaking and Conflict Resolution; Ohio CLE Institute; Ohio Planning Association; Rocky Mountain Mineral Law Institute; University of Cincinnati (various colleges); University of Kansas School of Law; United States Sixth Circuit Conference; and, continuing legal education programs and bar review courses. Dean Tomain was elected a Visiting Fellow at Harris Manchester College, Oxford University, is the recipient of an NEH summer fellowship award, and served as a Fulbright Senior Specialist in Law in Phnom Penh, Cambodia.

Dean Tomain's publications include books entitled Creon’s Ghost: Law, Justice, and the Humanities, Energy Law and Policy for the 21st Century, Regulatory Law & Policy, Energy Law and Policy, Nuclear Power Transformation, Energy Law in a Nutshell, and Energy Decision Making. He has also written numerous articles and delivered papers on the subjects of energy law and government regulation.

In addition to his administrative duties, teaching, and scholarship, Dean Tomain serves on a number of professional and civic organizations. Since 2000 he has served as Vice Chair of the Year in Review Committee of the American Bar Association Section of Environment, Energy, and Resources Committee on Energy Industry Restructuring, Finance, Mergers, and Acquisitions. He is Chair of the Board of the KnowledgeWorks Foundation. He serves on the American Bar Association's Standing Committee on Judicial Independence Commission on State Judicial Selection Standards. He is also a member of the Board of the Greater Cincinnati Foundation, a delegate to the Ohio State Bar Association, a member of the Board of the Ohio State Bar Foundation, a member of the Board of the Ohio Legal Assistance Foundation, and has been elected a Fellow of the American Bar Foundation. 

Joseph Tomain
University of Cincinnati College of Law
Cincinnati, OH
513.556.0067
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Robert R.M. Verchick holds the Gauthier ~ St. Martin Eminent Scholar Chair in Environmental Law at Loyola University New Orleans, is the Faculty Director of the Center for Environmental Law at Loyola, and is a Senior Fellow in Disaster Resilience Leadership, Tulane University. He is the President of the Center for Progressive Reform.

Verchick is an expert in climate change law, disaster law, and environmental regulation. In 2009 and 2010, he served in the Obama administration as Deputy Associate Administrator for Policy at the U.S. Environmental Protection Agency. In that role he helped develop climate adaptation policy for the EPA and served on President Obama's Interagency Climate Change Adaptation Task Force. In the fall of 2012, he researched climate adaptation policies in India as a Visiting Scholar at the Centre for Policy Research in New Delhi, supported by a Fulbright Award.

His work has appeared in many venues, including the California Law Review, the Southern California Law Review, and the environmental law journals at Harvard, Stanford, and Berkeley. He is an author of three books, including the award-winning, Facing Catastrophe: Environmental Action for a Post-Katrina World (Harvard University Press 2010). Professor Verchick has taught as a visitor at several schools, including Peking University (China) and Aarhus University (Denmark), and has received several teaching awards. He has lectured across the United States, Europe, and Asia

Robert R.M. Verchick
Loyola University New Orleans
New Orleans, LA
504.861.5472
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James Goodwin, J.D., M.P.P., is a Senior Policy Analyst with the Center for Progressive Reform. He joined CPR in May of 2008. Prior to joining CPR, Mr. Goodwin worked as a legal intern for the Environmental Law Institute and EcoLogix Group, Inc. He is a published author with articles on human rights and environmental law and policy appearing in the Michigan Journal of Public Affairs and the New England Law Review (co-author with Armin Rosencranz).

Mr. Goodwin graduated magna cum laude from Kalamazoo College, where he received a B.A. with honors in Political Science. He received his law degree (with a certificate in environmental law) from the University of Maryland School of Law, where he graduated magna cum laude, and his master’s degree in public policy (concentration in environmental policy) from the University of Maryland School of Public Policy, where he graduated as class valedictorian. While at the University of Maryland School of Law, Mr. Goodwin was a member of the Moot Court team. He is a member of Order of the Coif and Phi Beta Kappa. 

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202.747.0698 ext. 5
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