Joint letter from several CPR Member Scholars to the House Judiciary Committee re judicial review and the Administrative Procedures Act.

Daniel A. Farber is the Sho Sato Professor of Law and Director of the California Center for Law, Energy and the Environment at the University of California, Berkeley School of Law.

Professor Farber’s expertise is in the area of Cost-Benefit Analysis, Climate Change, and Constitutional Law.

Professor Farber has served on the Board of Directors for the Minnesota Civil Liberties Union, as a Law Clerk for Justice John Paul Stevens, United States Supreme Court, as a Law Clerk for Judge Philip W. Tone, United States Court of Appeals for the Seventh Circuit, and on the Litigation Committee, AAUP; AAUP Special Committee on Confidentiality in Tenure Review. Professor Farber was also an Associate at the firm Sidley & Austin (Washington DC).

Daniel Farber has written several books on environmental law, including Disasters and the Law, (Aspen Publishers, 2006, with Jim Chen), Eco-Pragmatism: Making Sensible Environmental Decisions in an Uncertain World (University of Chicago Press, 1999), Environmental Law in a Nutshell (West Pub. Co., 1st ed. 1983, 2d ed. 1988; 3d ed. 1992; Japanese translation, 1992; 4th ed. 1995; 5th ed. 2000 with R. Findley), and Environmental Law Cases and Materials (West Pub. Co., 1st ed. 1981, 2d ed. 1985, 3d ed. 1991, 4th ed. 1995, 5th ed. 1999; with 1983, 1988, 1993, and 1997 Supplements; Teacher's Manuals 1992 , 1995 and 1999) with R. Findley, 6th ed. 2003 with R. Findley and J. Freeman; 7th ed. 2006 with J. Freeman and A. Carlson.  His recent book publications include Public Choice and Public Law (Economic Approaches to Law), Elgar 2007, and Retained by the People: The ‘Silent’ Ninth Amendment and the Constitutional Rights Americans Don’t Know They Have, Basic Books, 2007, as well as a number of book chapters on constitutional law and judicial decision-making. Professor Farber’s recent articles include Justice Stevens, Habeas Jurisdiction, and the War on Terror, in the U.C. Davis Law Review 2010, Rethinking the Role of Cost-Benefit Analysis in the University of Chicago Law Review 2009, and Adaptation Planning and Climate Impact Assessments: Learning from NEPA’s Flaws, in the Environmental Law Reporter, among many others from a wide range of legal topics.).

Daniel Farber
University of California at Berkeley
Berkeley CA
510.642.0340
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Victor B. Flatt is the Dwight Olds Chair in Law and is the Faculty Co-Director of the Environment, Energy, and Natural Resources (EENR) Center at the University of Houston Law Center. He also holds an appointment as a Distinguished Scholar of Carbon Markets at the University of Houston’s Gutierrez Energy Management Institute.

Professor Flatt is a recognized expert on environmental law, climate law, and energy law, and the intersection of these areas. Since 2019, he has created and taught the first law school courses in the country concerning how law relates to sustainability planning and ESG policies in corporations, offering the courses at UHLC, Vermont Law School, and the University of Utah Law School.

His research focuses on environmental legislation and enforcement, with particular expertise in the Clean Air Act, NEPA, and Climate. He is co-author of a popular environmental law casebook, and has authored more than 50 law review articles, which have appeared in journals such as the Notre Dame Law Review, Ecology Law Quarterly, The Ohio State Law Journal, Washington Law Review, Houston Law Review, and the Carolina Law Review. Seven of his articles have been recognized as finalists or winner of the best environmental law review article of the year, and one was recognized by Vanderbilt University Law School and the Environmental Law Institute as one of the three best environmental articles of 2010, leading to a seminar and panel on the article in a congressional staff briefing.

He has been a Visiting Law Professor at the University of Georgia Law School, the University of Washington Law School, and Seattle University School of Law. He has been honored as a Distinguished Environmental Scholar in Residence at Vermont Law School, Pace Law School (Elisabeth Haub Distinguished Scholar), and Widener University Delaware Law School. He was previously the inaugural O’Quinn Chair in Environmental Law at UHLC from 2002-2009. Before his return to UHLC in 2017, Professor Flatt was the inaugural Taft Distinguished Professor in Environmental Law and the Director of the Center for Climate, Energy, Environment, and Economics (CE3) at UNC Chapel Hill School of Law.

Professor Flatt has served on the AALS committees on Natural Resources and Environmental Law and was chair of the AALS Teaching Methods Section. He has served on many other board and committees in his career, including the national board of Lambda Legal and the Law School Admission Council’s Gay and Lesbian Interests section.

Professor Flatt received his B.A. in Chemistry and Math from Vanderbilt University where he was a Harold Stirling Vanderbilt Scholar, and his J.D. from Northwestern University, where he was a John Henry Wigmore Scholar. After graduating from Northwestern, Professor Flatt clerked for the Honorable Danny J. Boggs of the United States Sixth Circuit Court of Appeals.

Victor Flatt
University of Houston Law Center
4604 Calhoun Road
Houston, TX 77204-6060
713-743-2100
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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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Gillian Metzger is the Stanley H. Fuld Professor of Law and Vice Dean at Columbia Law School in New York City.

Professor Metzger writes and teaches in the areas of administrative and constitutional law, with a specialization in federalism.

Her publications include: with Peter L. Strauss, Todd D. Rakoff, and Cynthia R. Farina, Gellhorn and Byse's Administrative Law: Cases and Comments (Foundation Press; joined as editor 2007); Ordinary Administrative Law as Constitutional Common Law, 110 Colum. L. Rev. 479 (2010); Administrative Law as the New Federalism, 57 Duke L. J. 2023 (2008); Congress, Article IV, and Interstate Relations, 120 Harv. L. Rev. 1468 (2007),; Abortion, Equality, and Administrative Regulation, 56 Emory L.J. 865 (2007); Facial Challenges and Federalism, 105 Colum. L. Rev. 873 (2005), and Privatization As Delegation, 103 Colum. L. Rev. 1367 (2003). Professor Metzger joined the Columbia faculty in 2001, she was named the Stanley H. Fuld Professor of Law on Oct. 1, 2011. Prior to coming to Columbia, Professor Metzger served as a law clerk to Justice Ruth Bader Ginsburg of the U.S. Supreme Court and Judge Patricia M. Wald of the U.S. Court of Appeals for the District of Columbia Circuit.

Gillian Metzger
Columbia Law School
435 West 116th Street JGH 935, Box C-11
New York NY 10027
212.854.2667
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Richard "Chip" Murphy is the AT&T Professor of Law at Texas Tech University School of Law.

After graduating from law school, Professor Murphy clerked for the Honorable Stephen S. Trott of the United States Court of Appeals for the Ninth Circuit. He then returned to Minneapolis, where he worked as a litigation associate at the firm of Dorsey & Whitney. In 2000, he leaped across the Mississippi River to St. Paul to begin teaching at William Mitchell College of Law. He has also taught as a visiting professor at the law schools of University of Idaho, Seton Hall, and Lewis & Clark.

The primary focus of Murphy's scholarly writing has been administrative law. He is a co-editor of an administrative law casebook and also a member of the Governing Council of the ABA's Administrative Law and Regulatory Practice Section.

Richard Murphy
Texas Tech University School of Law
MS0004
1802 Hartford Avenue
Lubbock, Texas 79409-0004
806.742.3990 x320
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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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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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