Detailed Resume


111 4th Street N.E.
Washington, D.C. 20002

Fields of Expertise

Environmental law, with emphasis on air and water pollution control, control of greenhouse gasses and new and more effective ways of achieving environmental goals such as market-based mechanisms, collaborative and contract-based approaches, and approaches based on information disclosure.

Administrative law, with emphasis on the procedures for making government decisions and how to make them more effective.

Employment History

Independent Law Practice                                                                              2016-present

Of Counsel, Perkins Coie                                                                               2009-2016

Independent Law Practice                                                                              2001-2009

Partner, Shaw Pittman, Washington, D.C.                                                     1994-2001

Visiting Professor, University of Michigan Law School                              1997-1998

Partner, Perkins Coie, Washington, D.C.                                                      1989-1994

Counsel, Perkins Coie, Washington, D.C.                                                     1987-1988

Counsel, Verner, Liipfert, Bernhard, McPherson & Hand, Washington,     1986-1987

Lecturer in Law, Harvard Law School                                                           1986

Associate General Counsel for Air and Radiation, Environmental              1982-1985
Protection Agency

Deputy General Counsel, Environmental Protection Agency                       1978-1982

Special Assistant to General Counsel, Environmental Protection Agency  1976-1978

Staff Counsel for Regulatory Reform, Senate Government Operations       1975-1976

Attorney, Office of General Counsel, Environmental Protection Agency   1972-1975

Associate, Ropes & Gray, Boston, Massachusetts                                        1969-1971

Clerk to Henry J. Friendly, Judge, United States Court of Appeals             1968-1969
for the Second Circuit

Associate, Sullivan & Cromwell, New York, New York                              June-July 1968

Litigation Experience

Argued about twelve cases in the federal Circuit Courts of Appeal, all but one under the Clean Air Act.  Took part in briefing many more.

Participated in briefing and arguing three Supreme Court cases

Provided legal support over several years for the defense of a multi-plant new source review enforcement action brought by the federal government against a major pulp and paper company

Served as expert witness on Clean Air Act matters in an antitrust case brought by the Federal Trade Commission against Unocal alleging that Unocal improperly weighted the California reformulated gasoline rules in favor of its product

Part of the trial team for a major insurance claim brought by the Tennessee Valley Authoritiy against its insurers on account of the cleanup costs for a massive ash spill. This involved spending a month in London for the hearing.


Law Review Articles

“Adapting Environmental Law to Greenhouse Gas Controls”, 17 N.Y.U. Envt’l L. J. 256 (2008)

“Using Federal Environmental Regulations to Bargain for Private Land Use Control”, 21 Yale J. on Reg.1 (2004)

“Contracting with the Regulated for Better Regulations” 53  Administrative Law Review 1067 (2001)

“Regulation and Information Disclosure as Parallel Universes”  25 Harv. Env. L. Rev. 151 (2001)

“Science and Public Policy:  A Case Study of the Clean Air Act” 16 Pace Envt’l  L. Rev. 15 (1998)

“‘Protecting the Environment’ – What Does that Mean?” 27 Loyola of Los Angeles Law Review 1969 (1994)

“The Future of Federal Solid Waste Regulation” 16 Columbia Journal of Environmental Law 109  (1991)

“Turning the Tide on Water Quality” 15 Ecology Law Quarterly 69 (1988)

“Why the Clean Air Act Works Badly”, 129 University of Pennsylvania Law Review 1059 (1981)

Book Review of Ackerman & Hassler, “Clean Coal/Dirty Air”, 33 Stanford Law Review 967 (1981)

“The Decline of Separation of Functions in Regulatory Agencies”, 64 Virginia Law Review 991 (1978)

“Formal Records and Informal Rulemaking”, 85 Yale Law Journal 38 (1975)

Other Publications

“Does EPA’s §111(d) Proposal Rely on an Unprecedented and Legally Forbidden Approach to Emissions Reduction?” 45 Environmental Law Reporter 10278  (2015)

“The Overwhelming Case for Clean Air Act Reform” 43 Environmental Law Reporter 10970 (2013) (with David Schoenbrod)

“Should EPA Use Emissions Averaging or Cap and Trade to Implement §111(d) of the Clean Air Act?” 43 Environmental Law Reporter 10731 (2013)

“Breaking Out of Poverty through Greenhouse Gas Controls” 39 Environmental Law Reporter 10099 (2009)

“The Shrinking of the Greens,” The Weekly Standard, May 30, 2005 p. 15

“Inside the Bush Greenhouse,” The Weekly Standard, October 27, 2003 p. 26

“Regulatory Reform Contracts and Regulatory Reform”, 32 Environmental Law Reporter 10589 (May 2002)

“Can Site-Specific Pollution Control Plans Furnish an Alternative to the Current Regulatory System and a Bridge to a New One?” 25 Environmental Law Reporter 10486 (September 1995)

“The Limits of Market-Based Approaches to Environmental Protection,” 24 Environmental Law Reporter  10173 (April 1994)

“Running on Empty: Auto Emission Plan Short on Specifics,” Legal Times December 4, 1989 p. 31

“Stiflingly Academic,” Legal Times May 12, 1986 p. 22

“What Judges Should Know About Risk,” 2 Natural Resources and the Environment 35 (Fall 1986)

“Why Europe Can’t Clean Itself Up,” Washington Post “Outlook” Section June 16, 1985, p. 1

“Pollution Accounting Under the Clean Air Act,”  The Environmental Forum May 1984 p. 36

“Federal/State Relations in the Clean Air Act, the Clean Water Act, and RCRA:  Does the Pattern Make Sense?”  12 Environmental Law Reporter 15069 (December 1982)

“Coal Conversion and Air Pollution:  What the Energy Supply and Environmental Coordination Act of 1974 Provides,” 4 Environmental Law Reporter 50101 (November 1974)


Harvard College                                             B.A. magna cum laude (major: economics) (1965)

Harvard Law School                                       LLB cum laude (1968)


German (fluent)

French (reading)


Listed in Who’s Who in America and The Best Lawyers in America