Joint Letter to EPA Administrator Andrew Wheeler re Cost-Benefit Analysis Proposal

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
email
website
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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
email
website
SSRN

Alexandra Klass is a Distinguished McKnight University Professor at the University of Minnesota Law School. She is on leave from that position while she serves in the Biden administration.

Professor Klass teaches and writes in the areas of energy law, natural resources law, environmental law, tort law, and property law. Her recent scholarly work, published in many of the nation’s leading law journals, addresses regulatory challenges to integrating more renewable energy into the nation’s electric transmission grid, siting and eminent domain issues surrounding interstate electric transmission lines and oil and gas pipelines, and applications of the public trust doctrine to modern environmental law challenges.

She is a co-author of Energy Law and Policy (West Academic Publishing 2015) (with Davies, Osofsky, Tomain, and Wilson), The Practice and Policy of Environmental Law (Foundation Press, 4th ed. 2017) (with Ruhl, Salzman, and Nagle), Energy Law: Concepts and Insights (Foundation Press 2017) (with Hannah Wiseman), and Natural Resources Law: A Place-Based Book of Problems and Cases (Aspen, 4th ed. 2018) (with Klein, Cheever, Birdsong, and Biber). Prior to her teaching career, Professor Klass was a partner at Dorsey & Whitney LLP in Minneapolis, where she specialized in environmental law and land use litigation. She received her B.A. from the University of Michigan and her J.D. from the University of Wisconsin Law School.

She was a law clerk to the Honorable Barbara B. Crabb, U.S. District Court for the Western District of Wisconsin. She is a Fellow and Faculty Leadership Council member at the University of Minnesota’s Institute on the Environment. She served as Associate Dean for Academic Affairs at the University of Minnesota Law School from 2010-2012. She was a Visiting Professor at Harvard Law School in 2015.

Alexandra Klass
University of Minnesota Law School
Minneapolis, MN
612.625.0155
email
website

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
email
website

Rebecca M. Bratspies is Professor of Law at the CUNY School of Law in New York City.

Professor Bratspies has taught Environmental Law, Natural Resources Law, International Environmental Law, Property, Administrative Law, and Lawyering. She holds a J.D. cum laude from the University of Pennsylvania Law School and a B.A. in Biology from Wesleyan University. She has fused these skills into concerns about the environment, with a particular emphasis in genetically-modified crops, about which she has frequently written and presented.

Before teaching, Professor Bratspies served as a legal advisor to Taiwan's Environmental Protection Administration, interpreting international treaties, representing TEPA in settlement negotiations, advising on American laws and practices, presenting seminars on United States constitutional jurisprudence. She also served as a special adjunct attorney in Taiwan's Ministry of Justice. After returning from Taiwan, Bratspies practiced environmental, commercial, and class action litigation with a private firm. Major pro bono experience included two successful class action suits challenging Pennsylvania's implementation of welfare reform.

Professor Bratspies began her legal career as a law clerk to Judge C. Arlen Beam, United States Court of Appeals for the Eighth Circuit. She returned to academia in 1998 at New York University School of Law and then to the University of Idaho College of Law in 2001. During the 2003-2004 academic year, she served as Visiting Associate Professor of Law at Michigan State University-DCL, East Lansing, Michigan.

Professor Bratspies has recently published two books: Progress in International Institutions (with Russell Miller) (Martinus Nijoff: 2007), and Transboundary Harm in International Law: Lessons from the Trail Smelter Arbitration (with Russell Miller) (Cambridge University Press: 2006). Additionally, Bratspies has written in the areas of the human right to a healthy environment, sustainable fisheries management, regulation of genetically modified crops and the role of trust in regulatory systems. 

Rebecca Bratspies
CUNY School of Law
Flushing, NY
718.340.4505
email
website
 

Heather Elliott is Professor of Law at the University of Alabama School of Law.

She is a former law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg and to Judge Merrick B. Garland of the U.S. Court of Appeals for the D.C. Circuit. She joined the Law School in August 2008 after serving as Assistant Professor at Catholic University's Columbus School of Law in Washington, DC.  She teaches civil procedure, land use law & planning, and water law.

Elliott received her J.D. from the University of California, Berkeley School of Law (Boalt Hall), where she was an articles editor for the Ecology Law Quarterly, earned an Environmental Law Certificate, and was elected to Order of the Coif.  She earned M.A. and M.Phil. degrees in political science at Yale University and graduated magna cum laude from Duke University with a B.A. in political science and philosophy.

From 2003-2005, she was an appellate litigation associate at Wilmer Cutler Pickering Hale & Dorr LLP in Washington, DC, where she wrote briefs to the United States Supreme Court, the California Supreme Court, and numerous federal and state intermediate appellate courts in cases involving constitutional law, bankruptcy, Indian law, administrative law, and environmental law.

Elliott's scholarship focuses on the role of courts and agencies in a democratic society.

Heather Elliott
University of Alabama School of Law
PO Box 870382
Tuscaloosa, AL 35404
205.348.9965
email
website

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
email
website

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

email
website

Martha T. McCluskey is a Professor and William J. Magavern Faculty Scholar at the University at Buffalo School of Law, State University of New York, in Buffalo, New York.

Professor McCluskey's teaching has included courses on constitutional law, torts, insurance, regulation, economic inequality, and the relationships between work and family. She earned a J.D. from Yale Law School and a J.S.D. with distinction from Columbia Law School. She has been a visiting professor at the University of Connecticut School of Law. Before entering academia she was an attorney for the Maine Public Advocate Office, focusing on the regulation of workers’ compensation insurance and public utilities.

Professor McCluskey’s scholarship focuses on the relationship between economics and inequality in law. She has written extensively on how economic ideas and economic influences have shaped social welfare programs, regulatory policy, and contemporary legal theory. She is working on a book project titled A Field Guide to Law, Economics and Justice. Earlier publications include a major study of workers’ compensation reform laws, several articles analyzing workers’ compensation insurance regulation, and a number of articles on welfare policy and social citizenship.

Much of her work explores the connections between economics and feminist legal theory, focusing especially on the impact of economic ideology on gender equity. This work has included analysis of the legal treatment of work and family caretaking in a range of policy arenas, including welfare reform, social insurance, international trade and development policy, and income tax law. As a participant in events sponsored by Emory University’s project on Vulnerability and the Human Condition, she is part of an interdisciplinary effort to re-examine the classic liberal ideal of individual autonomy as a foundational principle of law and policy, and to shift the focus to human interdependence and to questions of power and privilege in distributing institutional support for human vulnerabilities. She is the co-editor, with Emory University Professor Martha A. Fineman, of Feminism, Media, and the Law (Oxford University Press, 1997).

Another strand of her work applies her focus on equality and economics to disability law, including both benefit systems such as workers’ compensation and antidiscrimination doctrine. This work examines how disability fits within but also reshapes theories of equality based on race, gender, sexuality, and economic class.

Professor McCluskey’s writing has also examined economic inequality in constitutional law, not just as a question of equal protection but in ideas about due process. Finally, she has written several articles on the contemporary influence of economic politics and ideologically driven funding on legal theory and scholarship.

In addition to her writing, she is a co-organizer of the ClassCrits project, which brings together scholars in law, economics, and other disciplines to develop a critical legal analysis of economic inequality through workshops, conference panels, scholarly publications, and a blog, at www.classcrits.org. She is also a member of the Society of American Law Teachers, the American Constitution Society, the National Lawyers Guild, and a frequent participant in the LatCrit scholarly community.

Martha T. McCluskey
University at Buffalo Law School
The State University of New York
716.645.2326
email
website
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Joel A. Mintz is a Professor Emeritus of Law and C. William Trout Senior Fellow in Public Interest Law at Nova Southeastern University Law Center in Fort Lauderdale, Florida. 

For more than 30 years, Professor Mintz has taught a variety of substantive and clinical environmental law courses, including offerings on the federal law of pollution control, comparative environmental law, environmental aspects of land use planning, and other subjects. He has written extensively on environmental enforcement, the Superfund program, growth management, sustainable development, and certain international environmental agreements.

Professor Mintz co-founded Nova Southeastern Law Center's in-house Environmental and Land Use Law Clinic, which provides representation to environmental citizens groups and neighborhood organizations in matters that concern implementation of the Florida Growth Management Act and protection of the Everglades and the Florida Keys. He has testified as a legal expert witness in judicial and administrative proceedings, and has given numerous presentations on environmental topics at gatherings of professional and trade associations and on radio and television public affairs broadcasts.

Professor Mintz serves on the board of directors of the Everglades Law Center, Inc., a not-for-profit environmental public interest law firm based in South Florida. He chairs that firm's Litigation Screening Committee.

Mintz is an elected member of the Environmental Law Commission of the International Union for the Conservation of Nature and of the International Council on Environmental Law, and he is a member of the Environmental Law Institute, the American Society of Writers on Legal Subjects, and other professional, environmental, bar and civic organizations. He is a member of the executive committee of the Section on State and Local Government Law of the Association of American Law Schools, whose Section newsletter he has edited annually since 1991. He has also served on the Committee on Source Removal of Contaminants in the Subsurface of the National Academy of Sciences/National Research Council.

In the early and mid-1970's, on a pro-bono basis, Professor Mintz lobbied successfully for the passage of the federal Surface Mining Control and Reclamation Act. In recognition of those voluntary efforts, President Carter invited him to attend the White House ceremony at which that statute was formally signed into law.

Prior to becoming a professor at Nova Southeastern, Professor Mintz worked for six years as an enforcement attorney and supervisory attorney with the U.S. Environmental Protection Agency in Chicago and Washington, D.C. He handled or supervised numerous complex cases involving air, water, and hazardous waste/groundwater pollution from such varied industries as iron and steel, electric utilities, petroleum, pulp and paper, portland cement, and rubber manufacturing. Mintz was the lead attorney on the first EPA criminal contempt case brought in a U.S. District Court to redress a knowing violation of a signed Consent Decree; and he served as a Special Assistant U.S. Attorney in the Eastern District of Wisconsin with respect to a precedent-setting Grand Jury investigation into criminal violations of the Clean Water Act. In recognition of his EPA enforcement work, he received EPA's Special Service Award as well as its Bronze Medal for Commendable Service. 

Professor Mintz also worked (more briefly) as a law clerk with both the Natural Resources Defense Council and the Public Education Association, and as an editor for West Publishing Company (now West Group, Inc.) in New York.

Professor Mintz has published extensively in the fields of environmental law and state and local taxation and finance. He authored a critically acclaimed history of EPA's enforcement programs, Enforcement at the EPA: High Stakes and Hard Choices (University of Texas Press, 1995), and a well received treatise on the potential liabilities of subnational governments under federal environmental laws, State and Local Government Environmental Liability (West Group, Inc., 1994), which he has updated on an annual basis.Mintz also co-authored an introductory casebook on environmental law (published in 2000 by Lexis-Nexis, Inc.), Environmental Enforcement: Cases and Materials, (with CPR Member Scholar Clifford Rechtschaffen and Robert Kuehn, Carolina Academic Press, 2007), and State and Local Taxation and Finance in a Nutshell, 3rd Edition (with Gelfand and Salsich, West Group, Inc., 2007).

In addition, Professor Mintz has written several book chapters and contributions, and he is the author of numerous law review articles that have appeared in journals published at Harvard, Yale, Virginia, Georgetown, Columbia and other well known law schools. His journal articles have repeatedly been considered to be among the 30 best articles of the year in the environmental law field by peer reviewers.

Professor Mintz has consulted, on an informal basis, with officials of the EPA with regard to environmental issues and policy matters. He has peer reviewed the written work of other academics in several disciplines. His name appears on a list, compiled by the U.S. Department of State, of potential speakers at U.S. embassies and consulates with respect to environmental issues.

Joel Mintz
Nova Southeastern University Shepard Broad Law Center
Ft. Lauderdale, FL
954.262.6160
email
website

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
email
website

Amy Sinden is a Professor of Law at the Temple University Beasley School of Law in Philadelphia. She has been a visiting professor at the University of Pennsylvania Law School and at the Temple-Tsinghua Masters of Law program in Beijing, China.

Professor Sinden has taught, lectured, and written in the areas of environmental law, natural resources law, regulatory design, and cost-benefit analysis, human rights, and climate change. 

Before joining the Temple Law School faculty in 2001, Professor Sinden served as senior counsel for Citizens for Pennsylvania's Future, handling litigation on behalf of PennFuture and other citizens' and environmental groups. Prior to this position, she was an associate attorney for Earthjustice Legal Defense Fund (formerly the Sierra Club Legal Defense Fund) in Seattle, Washington, where she represented a range of environmental, fishing, and other groups in litigation focusing on endangered species, clean water, and water conservation issues. In addition to her involvement with environmental issues, Professor Sinden was an attorney at Community Legal Services in Philadelphia, where she represented parents in civil child abuse and neglect proceedings, and advocated on behalf of welfare recipients seeking job training and education. Professor Sinden served twice as a law clerk, first for Judge John F. Gerry of the U.S. District Court for the District of New Jersey, and later for Judge Dolores K. Sloviter of the U.S. Circuit Court of Appeals for the Third Circuit. Professor Sinden graduated summa cum laude from the University of Pennsylvania Law School in 1991.

Professor Sinden's recent academic writings have criticized the misuse of economic theory in environmental law, arguing against the use of cost-benefit analysis in environmental standard setting and countering claims that private property rights can solve environmental problems in the absence of government regulation. She has also written about the application of classical human rights norms to environmental conflicts. Recent publications include Formality and Informality in Cost-Benefit Analysis, 2015 Utah L. Rev. 93, The Missing Instrument: Dirty Input Limits, 33 Harv. Envtl. L. Rev. 65 (2009), with fellow CPR Member Scholar David Driesen, Cost-Benefit Analysis: New Foundationas on Shifting Sand, 3 Reg. & Governance 48 (2009), with Douglas Kysar and David Driesen, The Tragedy of the Commons and the Myth of a Private Property Solution, 78 U. COLO. L. REV. 533 (2007).

Amy Sinden
Temple University Beasley School of Law
Philadelphia, PA 
215.204.4969
email
website

Rena Steinzor is the Edward M. Robertson Professor of Law at the University of Maryland Francis King Carey School of Law, and a past president of the Center for Progressive Reform. She is the author of Why Not Jail? Industrial Catastrophes, Corporate Malfeasance, and Government Inaction.

Professor Steinzor has taught an environmental law survey course, seminars in risk assessments and critical issues in environmental law and science, administrative law, contracts, torts and counseling and negotiation. She has written in the areas of (1) regulatory dysfunction in agencies assigned to protect public health, worker and consumer safety, and the environment; (2) the role of centralized White House review on the protectiveness of regulation; (3) environmental federalism, including so-called "unfunded mandates" imposed on state and local governments by the federal government and the impact on public health of devolving authority and responsibility for solving environmental problems; (4) the implications of industry self-regulation on the protection of the environment and human health; (5) "market-based" alternatives to traditional regulation; and (6) political interference with regulatory science.

She is the editor, with Christopher Schroeder, of the CPR-sponsored book A New Progressive Agenda for Public Health and the Environment, published by Carolina Academic Press. She is also the editor, with Wendy Wagner, of the book Rescuing Science from Politics, published by Cambridge University Press in 2006. Her book, Mother Earth and Uncle Sam: How Pollution and Hollow Government Hurt Our Kids was published by the University of Texas Press in December 2007. With Professor Sidney Shapiro of Wake Forest Law School, she 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 published by the University of Chicago Press in 2010.

Professor Steinzor began her legal career in 1976, and entered academia in January 1994. From 1987 through 1993, she was associated - first as "of counsel" and ultimately as the partner in charge of the environmental practice - at Spiegel & McDiarmid, a 45-lawyer, Washington, D.C. firm representing approximately 400 cities, counties, states, and public agencies in the energy, environmental, communications, and transportation fields. The practice counseled federal, state, and municipal clients regarding compliance with federal and state laws and regulations.

Prior to joining Spiegel & McDiarmid, Professor Steinzor served as Staff Counsel, Subcommittee on Commerce, Transportation, and Tourism of the Energy and Commerce Committee, U.S. House of Representatives (James J. Florio, Chairman). She was the primary staff person responsible for legislation that became the "Superfund Amendments and Reauthorization Act of 1986" (Public Law 99-499) and the "Asbestos Hazard Emergency Response Act" (Public Law 99-519). She also prepared legislation to reauthorize the Toxic Substances Control Act during the 98th Congress.

Professor Steinzor has testified before Congress on several occasions, most recently regarding the impact of health, safety, and environmental regulations on the economy.

Rena Steinzor
University of Maryland Carey School of Law
Baltimore, MD
410.706 0564
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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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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
email
website

Karen Sokol is Associate Professor of Law at the Loyola University College of Law in New Orleans. 

Karen Sokol joined the Loyola University New Orleans College of Law faculty in 2009. Her teaching and research interests include environmental law, torts, products liability, and law and philosophy. Her current scholarship focuses on legal controls on marketing of dangerous products, climate change resilience, particularly for vulnerable countries such as Cuba and India, and, most recently, on the potential for forging more robust environmental and public health protections by incorporating Indian philosophy into Western jurisprudence, law, and policy. She will spend the spring of 2018 researching in India, supported by a Fulbright Award.

Professor Sokol graduated from Yale Law School, where she served as Articles Editor for the Yale Human Rights and Development Law Journal and was a member of the Allard K. Lowenstein International Human Rights Clinic. After law school, she clerked for Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit and worked as an associate in the appellate section of Vinson & Elkins, LLP. She then worked as a policy analyst for the Center for Progressive Reform, writing a number of papers and articles on environmental and public health issues, with a focus on government transparency and corporate accountability. The year before coming to Loyola, she was a fellow at Georgetown University Law Center’s O’Neill Institute for National and Global Health Law. She is admitted to practice in the state of Texas and the U.S. Court of Appeals for the Fifth Circuit. 

Karen Sokol
Loyola University New Orleans College of Law
New Orleans, Louisiana
504.861.5593
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website
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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
email
website