Administrative Management

WILLIAM V. LUNEBURG

Telephone: 412-***-**** (work)

412-***-**** (home)

412-***-**** (cell)

Business Address: The School of Law

University of Pittsburgh

**** ****** ******

Pittsburgh, PA 15260

E-mail: ***@****.***

Webpage: http://www.law.pitt.edu/faculty/profiles/luneburgwv

Personal Data: Date of Birth - June 9, 1946

New York City, New York

Married, two children

EDUCATION Harvard Law School

Cambridge, Massachusetts

Degree: J.D., June, 1971

Activities: Legal aid work (including domestic relations and landlord/tenant

problems) at Cambridge Legal Services, Inc., during the academic years

1969-71.

Carleton College

Northfield, Minnesota

Degree: B.A., June, 1968

Major: Political Science

Honors: Phi Beta Kappa, magna cum laude, distinction in comprehensive

examination in major; distinction in major field.

EMPLOYMENT

September 1978- Assistant (1978-81), Associate (1981-85) and, since 1985, Professor of Law,

present University of Pittsburgh, School of Law.

Courses Taught: Legislation and Regulation, Legal Process, Civil Procedure,

Civil Procedure II (advanced civil procedure), Complex Litigation,

Administrative Law, Presidential Power, Separation of Powers Seminar,

Legislation, Conflicts of Law, Environmental Law, International and

Comparative Environmental Law, Environmental Economics and Law,

Litigation with the Federal Government, Civil Enforcement of Federal

Environmental Law, and Faculty Advisor (1980-97) to the Externship

Program.

Other Positions: Director, Environmental Law, Science and Policy Certificate

Program (2001-02)

Law School Committees: Library (1979-80); Admissions (1980-84; 1985,

Chair); Ad Hoc Committee on Part-time Legal Education; Committee on

Clinic (Chair, 1989-91; 1991-92; 1993-94; Chair, 1994-95; 1996-97;

2001-2002; Chair, 2003-4; 2004-5); Steering (1983-84; 1987-88; 1991-2,

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Chair; 2004-6); Curriculum (1984-85; 1987-88, Chair; 1992-93, Chair;

1998-2000, Chair; 2000-2001; 2001-2002, 2005-6; 2006-7, 2007-8 Chair,

2008-9; Chair, 2010-13); Colloquium (1986-87, Chair; 1997-1998);

Placement (1987-88, 1997-98, 2003-4); Petitions (1989); Member, Dean

Search Committee (1993-94); Committee on Law School s Environmental

Program (1995-1996, Chair); Writing Awards (1996, Chair); Legal

Education Initiatives (2010-2011).

Other Activities: Team Leader, Intensive Course in Trial Advocacy

(Summers - 1981, 1983, 1985, 1988, 1990, 1991, 1992); Member and

Chair, (1986-87) University of Pittsburgh Senate Organization and

Procedures Committee.

September 1977 Bigelow Teaching Fellow and Lecturer-in-Law. The Law School, University

to June 1978 of Chicago. Teaching first-year course in Legal Research and Writing.

August to Conducted research on intergovernmental problems which arose

December 1977 in connection with the Clean Air Amendments of 1970 and the modifications to

that statute enacted by Congress in 1977; research was funded in part by a

stipend from the Law School of the University of Chicago; research published

as The National Quest for Clean Air 1970-1978: Intergovernmental Problems

and Some Proposed Solutions, 73 NW. U.L. REV. 397 (1978); reprinted in 1979

LAND USE & ENVIR. L. REV. 317 (F. Strom ed.).

April 1974 Associate with the law firm of Tenney & Bentley, Suite 2000, 69 West

to July 1977 Washington Street, Chicago, Illinois. I specialized in the area of civil litigation,

though I also had experience in corporate, tax, probate, family law and

environmental law areas.

July 1971 Attorney in the Enforcement Divisions, in Region I (New England) and

to March 1974 Region V (Midwest), of the United States Environmental Protection Agency,

specializing in air pollution control and pesticide regulation. The work

involved, inter alia, developing enforcement cases from the initial gathering of

evidence to the issuance of the administrative order, along with some litigation

experience. I also worked with state and local pollution control agencies to

improve their enforcement programs and drafted various air pollution and

pesticide regulations.

Summer of 1970 Staff Assistant, Cambridge Legal Services, Inc., Cambridge, Massachusetts.

Handled various domestic relations and landlord-tenant problems and also

supervised summer interns in such work.

PROFESSIONAL Member, Bar of the Supreme Court of the United States (admitted 1998);

MEMBERSHIPS Massachusetts Bar (admitted November, 1971; retired); Illinois Bar

(admitted October, 1974; retired); Pennsylvania Bar (admitted December,

1995; retired); also admitted to practice before the United States District

Courts for those States and the United States Court of Appeals for the

Third Circuit

Last Retiring Chair, ABA Section of Administrative Law and Regulatory

Practice (2010-11).

Chair, ABA Section of Administrative Law and Regulatory Practice (2009-10).

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Chair-Elect, ABA Section of Administrative Law and Regulatory Practice

(2008-09).

Vice-Chair, ABA Section of Administrative Law and Regulatory Practice

(2007-08).

Liaison from ABA Section of Administrative Law and Regulatory Practice to

the Administrative Conference of the United States (December 2010 to

December 2011).

Member, Council, ABA Section of Administrative Law and Regulatory Practice

(1992-95).

Chair, Legislative Process and Lobbying Committee, ABA Section of

Administrative Law and Regulatory Practice (1997-98, 2003-7), Vice-

Chair (2007-11).

Chair, Pro Bono Committee, ABA Section of Administrative Law and

Regulatory Practice (2007-8).

Member, American Bar Association.

Vice-Chair and Chair (1988-92), Rulemaking Committee, ABA Section of

Administrative Law and Regulatory Practice.

Vice-Chair (1996-97), Judicial Review Committee, ABA Section of

Administrative Law and Regulatory Practice.

Member, Committee on Scholarship Award (1994-95), ABA Section of

Administrative Law and Regulatory Practice.

Member, Nominating Committee (1991), ABA Section of Administrative Law

and Regulatory Practice.

Member, Editorial Review Board, ABA LOBBYING MANUAL (1991-93) (for

ABA Section of Administrative Law and Regulatory Practice).

Liaison from the ABA Administrative Law and Regulatory Practice Section to

ABA Task Force on Financial Markets Regulatory Reform (December

2008-August 2010),

http://www.abanet.org/dch/committee.cfm?com=CL116000.

Member, ABA Section of Administrative Law and Regulatory Practice

Lobbying Law Reform Task Force (2009 to 2011)(report published as

Lobbying Law in the Spotlight: Challenges and Proposed Improvements,

63 Admin. L. Rev. 419-465 (2011).

Chairman, AALS Section on Legislation (1987); Member, Executive

Committee, AALS Section on Legislation (1984-91); Editor of Section

Newsletter (1985-88).

Member, AALS Committee on Government Relations (1991-94).

Member, Nominating Committee, AALS Section on Conflicts of Law (1990).

Consultant, Federal Judicial Center, 1980-81.

Consultant, Administrative Conference of the United States (1986-95).

Member, American Law Institute (elected 1987).

Adviser, ALI Project on Principles of Government Ethics (2009 to present).

Member, ALI Members Consultative Group, Restatement of the Law

Governing Lawyers.

Member, ALI Members Consultative Group, Complex Litigation Project.

Member, ALI Members Consultative Group, Federal Judicial Code Revision.

Member, Subcommittee for Ozone, Particulate Matter, and Regional Haze

Implementation Programs (part of the EPA s Clean Air Act Advisory

Committee) (1997).

Member, Air Quality Technical Advisory Committee, Pennsylvania Department

of Environmental Protection (1997- 2001).

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Board Member, Community Environmental Legal Defense Fund (2001-2008).

Advisory Board Member, Group Against Smog and Pollution (Pittsburgh)

(2001-present).

Member, Committee on the Mississippi River and the Clean Water Act,

National Research Council (2005-2007).

Member, Board of Directors, Three Rivers Waterkeeper (Jan. 2011 to Nov.

2012)

PUBLICATIONS

BOOKS

Environmental Law:

MISSISSIPPI RIVER WATER QUALITY AND THE CLEAN WATER ACT: PROGRESS

CHALLENGES, AND OPPORTUNITIES (2007) (co-author),

http://books.nap.edu/catalog.php?record_id=12051.

CLEAN AIR PERMITTING MANUAL (Shepard s/McGraw-Hill 1995) with

James O Reilly, Richard Ayres, Kim Burke and The S.M. Stoller

Corporation. This book focuses in detail on all new source and operating

permit programs under the Clean Air Act. Both federal and state law are

covered.

1995 SUPPLEMENT to CLEAN AIR PERMITTING MANUAL

(Shepard s/McGraw-Hill).

1996 SUPPLEMENT to CLEAN AIR PERMITTING MANUAL (Clark,

Boardman, Callaghan).

Lobbying Law and

Practice:

Editor and co-author of Chapters 2, 3, 4, and 5 of the American Bar

Association s THE LOBBYING MANUAL: A COMPLIANCE GUIDE FOR

LAWYERS AND LOBBYISTS (2d ed. 1998) and 1999-2000 Supplement.

Co-Editor (with Thomas Susman) and co-author of Chapters 2, 3, 4, and 5 of

the American Bar Association s THE LOBBYING MANUAL: A COMPLETE

GUIDE TO FEDERAL LAW GOVERNING LAWYERS AND LOBBYISTS (3d ed.

2005).

Co-Editor (with Thomas Susman and Rebecca H. Gordon) and co-author of

Chapters 2, 3, 4, 5, 6, and 8 of the American Bar Association s THE

LOBBYING MANUAL: A COMPLETE GUIDE TO FEDERAL LOBBYING LAW

AND PRACTICE (4th ed. 2009).

Editor, FOURTH EDITION 2011 SUPPLEMENT TO THE LOBBYING MANUAL (4TH

ed.)(2011)(with Thomas M. Susman and Rebecca H. Gordon).

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BOOK CHAPTERS The Legal Context of Environmental Protection in the United States in

INTRODUCTION TO ENVIRONMENTAL EPIDEMIOLOGY (Talbot

& Craun eds., 1995) (CRC Press, Inc.).

Environmental Law in the United States in Vol. 1 ENVIRONMENTAL

MANAGEMENT IN PRACTICE/Instruments for Environmental

Management (Routledge) (Nath, Hens, Compton and Devuyst eds.)

(1998).

MAJOR ACTS OF CONGRESS (MacMillan Library Reference/Gale Group,

Publisher) (B. Landsberg ed.) (2003), author of entries dealing with the

Civil Service Acts, the Hatch Act, the National Environmental Policy Act,

the National Forest Management Act, the Federal Land Policy and

Management Act, the Toxic Substances Control Act, and the Federal Tort

Claims Act.

Becoming An Environmental Practitioner, in CAREERS IN ADMINISTRATIVE

LAW AND REGULATORY PRACTICE (James T. O Reilly ed.) (2010).

ARTICLES Federal-State Interaction Under the Clear Air Amendments of 1970, 14 B.C.

AND REPORTS Ind. & Com. L. Rev. 637 (1973) (relied upon in Train v. Natural

Resources Defense Council, 421 U.S. 60, n.26 (1975).

Judicial Review Under the Clean Air Amendments of 1970, 15 B.C. Ind. &

Com. L. Rev. 667 (1974) (co-author).

The National Quest for Clean Air 1970-1978: Intergovernmental Problems and

Some Proposed Solutions, 73 Nw. U.L. Rev. 397 (1978); reprinted in 1979

LAND USE & ENVIR. L. REV. 317 (F. Strom ed.).

Specially Qualified Juries and Expert Nonjury Tribunals: Alternatives for

Coping with the Complexities of Modern Civil Litigation, 67 Va. L. Rev.

887 (1981) (co-author) (research funded through a contract with the

Federal Judicial Center; reprinted as a Report to the Federal Judicial

Center).

Decisionmaking in Complex Federal Civil Cases: Two Alternatives to the

Traditional Jury, Judicature (March - April 1982) (co-author).

Book Review: Legislative Law and Process: Cases and Materials (Hetzel), 57

N.Y.U. L. Rev. 212 (1982).

Justice Rehnquist, Statutory Interpretation, the Policies of Clear Statement, and

Federal Jurisdiction, 58 Ind. L.J. 211 (1982).

Interest Analysis, Substantive Law-Making and the Multi-State Case, 46 Ohio

St. L.J. 545 (1985).

The Opportunity to Be Heard and the Doctrines of Preclusion: Federal Limits

on State Law, 31 Vill. L. Rev. 81 (1986).

Petitions for Rulemaking: Federal Agency Practice and Recommendations for

Improvement (1986) (Report to the Administrative Conference of the

United States which formed the basis for its adoption of Recommendation

86-6 relating to rulemaking petitions; reprinted in 1986 Reports and

Recommendations of the Administrative Conference of the United States).

Nonoriginalist Interpretation: A Comment on Federal Question Jurisdiction and

Merrell Dow Pharmaceuticals, Inc. v. Thompson, 48 U. Pitt. L. Rev. 757

(1987).

Contracting for Legal Services by the Federal Government: A Legal and

Empirical Analysis (1987) (Report to the Administrative Conference of

the United States which formed the basis for its adoption of

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Recommendation 87-3 relating to agency hiring of private attorneys;

reprinted in 1987 Reports and Recommendations of the Administrative

Conference of the United States).

Report to Council, ABA Section of Administrative Law and Regulatory

Practice (petitions for rulemaking) (1987) (unpublished).

Petitioning Federal Agencies for Rulemaking: An Overview of Administrative

and Judicial Practice and Some Recommendations for Improvement, 1988

Wis. L. Rev. 1 (a substantially revised version of report to ACUS on same

topic).

Contracting by the Federal Government for Legal Services: A Legal and

Empirical Analysis, 63 Notre Dame L. Rev. 399 (1988) (an updated

version of report to ACUS on same topic).

Judicial Review of Agency Statutory Interpretation: An Introduction, 2 Am. U.

Ad. L.J. 243 (1988).

Chevron s Progeny, 13 ABA Admin. News No. 2 (1988).

Report to Council, ABA Section of Administrative Law and Regulatory

Practice (nonlegislative rulemaking) (1988) (unpublished).

The Federal Personnel Complaint, Appeal, and Grievance Systems: A

Structural Overview and Proposed Revisions, 78 Kent L.J. 1 (1989) (also

published in 1989 Reports and Recommendations of the Administrative

Conference of the United States).

Book Review: State and Federal Administrative Law (Bonfield & Asimow), 42

Ad. L. Rev. 113 (1989).

Retroactivity and Administrative Rulemaking, 1990 Duke L.J. 106.

Report to Council, ABA Section of Administrative Law and Regulatory

Practice (Federal register publication of rulemaking impact analyses) (co-

author) (1990) (unpublished).

Report to Council, ABA Section of Administrative Law and Regulatory

Practice (retroactive legislative rulemaking) (1991) (unpublished).

Civic Republicanism, the First Amendment, and Executive Branch

Policymaking, 43 Ad. L. Rev. 367 (1991).

The Office of Juvenile Justice and Delinquency Prevention=s Formula Grant

Program: A Regulatory Approach to Federal Grant-Making (with David

M. Altschuler and Michael E. Bell, Johns Hopkins Institute for Policy

Studies), A Report to the Administrative Conference of the United States

in 1992 Reports and Recommendations of the Administrative Conference

of the United States.

Federal Rulemaking at a Crossroads, 17 ABA Admin. News No. 3 (1992).

The Juvenile Justice and Delinquency Prevention Formula Grant Program:

Federal-State Relationships in a Quasi-Regulatory Context (with David M.

Altschuler), 6 Criminal Justice Policy Review No. 2, pp. 136-158 (1992)

(also presented as a paper to the 44th Annual Meeting of the American

Society of Criminology, New Orleans, November 1992).

The Office of Juvenile Justice and Delinquency Prevention s Formula Grant

Program: Insights from Interdisciplinary Research Outside the Well-

Trodden Paths of Administrative Law (with David M. Altschuler and

Michael E. Bell), 45 Ad. L. Rev. 225 (1993).

Reports to Council, ABA Section of Administrative Law and Regulatory

Practice (preparation and review of regulatory impact analyses; executive

oversight of agency rulemaking) (1991-92) (collaborator).

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The Operating Permit Rules: Proposed Revisions to Part 70 and the Federal

Specialty Permit Program for Early Reductions of Hazardous Air

Emissions, 3 Shepard s Clean Air Act Reporter 191 (Dec. 1994).

Opting Into the Acid Rain Program, 4 Shepard s Clean Air Act Reporter 3 (May

1995).

Citizen Suit Enforcement of Permit Programs under the Clean Air Act, 6 Envir.

Liability, Enforcement, & Permits, No. 1 (Nov. 1995).

Clearing Out the Administrative Underbrush: Air Pollution Control In An Era

of Deregulation: Is It All Hot Air? (unpublished manuscript) (Nov. 1995).

Clean Air Implementation and the Impact of Whitman v. American Trucking

Associations, 63 U. Pitt. L..Rev . 1 (2001).

Claim Preclusion As It Affects Non-Parties to Clean Air Act Enforcement

Actions: The Ghosts of Gwaltney, 10 Widener L. Rev. 113 (2003) (part of a

national symposium issue on citizen suits).

Where the Three Rivers Converge: Unassessed Waters and the Future of EPA s

Total Maximum Daily Load Program A Case Study, 24 J. Law & Com. 57

(2004).

Drawing Boundaries for Air Quality Control under the Clean Air Act: The

Importance of NOT Being Nonattainment, 1 PITT. J. ENVLT. & PUB. HEALTH L.

61 (2006).

Chapter 6 Legislative Process and Lobbying (with Rebecca Gordon, Perkins

Coie), in DEVELOPMENTS IN ADMINISTRATIVE LAW AND REGULATORY

PRACTICE 2004-5 (Jeffrey S. Lubbers ed.) (2006).

Report and Recommendation to Council, ABA Administrative Law and

Regulatory Practice Section (disclosure of lobbying coalition membership

and grassroots lobbying) (2006).

Proposals to Amend the Lobbying Disclosure Act of 1995, 31 ADMIN. & REG.

L. NEWS 2 (Summer 2006).

Lobbying Disclosure: A Recipe for Reform, 33 J. LEGIS. 32 (2006) (with

Thomas M. Susman)

Chapter 5 Legislative Process and Lobbying (with Dr. Craig Holman, Public

Citizen), in DEVELOPMENTS IN ADMINISTRATIVE LAW AND REGULATORY

PRACTICE 2005-6 (Jeffrey S. Lubbers ed.) (ABA Publishing 2007)

Clean Air Act Developments at US EPA (2006-2007), Chapter C: Basic

Air/Air Update, TWELFTH ANNUAL ENVIRONMENTAL LAW FORUM 2007

VOL. 1 (Pennsylvania Bar Institute 2007).

Anonymity and its Dubious Relevance to the Constitutionality

of Lobbying Disclosure Legislation, 19 Stan. L. & Pol. Rev. 69 (2008).

Chapter 7 Legislative Process and Lobbying, in DEVELOPMENTS IN

ADMINISTRATIVE LAW AND REGULATORY PRACTICE 2007-8 (Jeffrey S.

Lubbers ed.) (ABA Publishing 2009).

The Evolution of Federal Lobbying Regulation: Where We Are Now and

Where We Should Be Going, 41 MCGEORGE L. REV. 85 (2009).

Lobbying and Transparency: A Comparative Analysis of Regulatory Reform,

1 INTEREST GROUPS & ADVOCACY 75 (2012)(with Craig Holman).

COURSE CASES ON ADMINISTRATIVE LAW AND ENVIRONMENTAL

MATERIALS DECISION-MAKING (1979) (unpublished).

BASIC AND ADVANCED CIVIL PROCEDURE: DOCUMENTS AND

QUESTIONS (2004).

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AWARDS The Bronze Medal for Commendable Service, Region I, US Environmental

Protection Agency (1973), for development of air pollution and pesticide

Programs.

Article, Civic Republicanism, the First Amendment, and Executive Branch

Policymaking chosen for award and presentation at Freedom of

Expression: Past, Present and Future, A 1991 Research Conference for

the Bicentennial of the First Amendment (April 5-7, 1991, Williamsburg,

Virginia), which was cosponsored by the Association for Education in

Journalism and Mass Communication, the Institute of Bill of Rights Law

(William and Mary), and the Gannett Foundation.

Chair s Award, Volunteer of the Year, American Bar Association, Section of

Administrative Law and Regulatory Practice (July 2006).

OTHER

TEACHING Northwestern School of Law of Lewis and Clark College, Portland, Oregon

Summer 2003 (Environmental Law).

Vrije Universiteit Brussel (Nov. - Dec. 1995).

LECTURES/PANEL Current Developments in U.S. Environmental Law, Department of

DISCUSSIONS/ Human Ecology, Vrije Universiteit Brussel (Nov. - Dec. 1995).

SPEECHES Federalism and U.S. Environmental Law, Program for International Legal

(Selections) Cooperation, Vrije Universiteit Brussel (Dec. 1995) and the School of

Law, Universite Libre de Bruxelles (Nov. 1995).

Emission Trading in U.S. Environmental Law, Universiteit Gent (Faculteit

Rechtsgeleerdheid) and the Belgian Environmental Law Association (Nov.

1995).

Discussant, Neglected Costs of Environmental Regulation: Indirect Effects,

Red Tape, and Inequity at the 18th Annual Research Conference of the

Association for Public Policy Analysis and Management (Nov. 1, 1996;

Pittsburgh, PA).

Discussant, Curbing Retroactive Legislation/Constitutional and Congressional

Constraints, American Enterprise Institute for Public Policy Research

(Nov. 4, 1996) (Washington, D.C.).

Panelist, Public Panel Discussion on Proposed Federal Ozone & Particulate

Rules, sponsored by the Air & Waste Management Association in

conjunction with U.S. EPA (Feb. 6, 1997; Pittsburgh, PA).

Speaker, Implementation of the New Ozone and PM Standards: Rethinking

Basic Assumptions The FACA Process, as part of Major Issues in Air

Quality Compliance: 1997 to Beyond 2000, presented by The Air &

Waste Management Association (Pittsburgh, April 24, 1997).

Speaker, Administrative Law and Regulatory Practice Section, Second Annual

Institute, April 6-7, 2006, The Lobbying Disclosure Act and Related Laws.

Speaker, Western Pennsylvania Watershed Conference (sponsored by Citizens

for Pennsylvania s Future), Oct. 14, 2006, The Total Maximum Daily Load

Program in Pennsylvania.

Speaker, Symposium Election and Lobbying Reform: Can Congress Really

Change the Political System?, Journal of Legislation, Notre Dame Law

School, Can Lobbying Disclosure Really Deliver?, March 29, 2007.

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Speaker, 12th Annual Environmental Law Forum 2007 (Pennsylvania Bar

Institute), Harrisburg, Pennsylvania, April 11, 2007, Clean Air Act

Developments at US EPA (2006-2007).

Panelist, Lobbying and the Law Symposium, Stanford Law and Policy Review,

Feb. 23, 2008, Stanford Law School,

http://slpr.stanford.edu/Vol19_Lobbying/lobbying_symposium.html

Panelist, Ethics in Government Ethical Cultures, Falls from Grace, and the

Way Ahead, Capital Center for Government Law & Policy, University of

the Pacific McGeorge School of Law, March 6. 2009,

http://www.mcgeorge.edu/Documents/centers/government/McGeorge_Eth

ics_Symposium_Program.pdf.

Panelist, Legal Issues in Lobbying Reform, Center for American Progress,

Washington, D.C. (Sept. 14, 2009),

http://www.americanprogress.org/events/2009/09/pdf/legalissueslobbying.

pdf.

Panelist, 1st Global Conference on Transparency Research, Rutgers University

(Newark), May 19-20, 2011, for panel, Lobbying Transparency:

Conceptualizing and Comparing Regulatory Responses. See

http://spaa.newark.rutgers.edu/home/conferences/1stgctr.html.The

audience consisted of scholars from around the globe working on

transparency research and the effects of transparency on such matters as

public trust in governmental institutions and policy-making.

MISCELLANEOUS

(Selected) Prepared and moderated various panel discussions for the ABA Administrative

Law and Regulatory Practice Section dealing with negotiated rulemaking

at the federal and state levels (1991); benefit/cost analysis of rules under

Executive Order 12,291 (1991); recent developments in the federal

rulemaking process (1992); the concept of a regulatory budget (1992);

lobbying Congress and the Executive Branch (1997, 2004); Clean Air

Initiatives in the 109th Congress (e.g. the Clear Skies Initiative and EPA s

Interstate Air Rule) (2005); lobbying reform (2006); and more lobbying

reform (under the Honest Leadership and Open Government Act of 2007)

(2008); 2010 and 2011 ABA Lobbying Institutes; and comparative (US

and Canadian) lobbying laws (2011).

Chair, Planning Committee, Agency Guidance under Amended Executive Order

12866 and the Good Guidance Practices Bulletin: Issues of Law,

Administrative Practice, and Judicial Review, 4th Annual Administrative

and Regulatory Law Institute, ABA Section of Administrative Law and

Regulatory Practice, Washington, D.C., May 1, 2008,

http://www.abanet.org/adminlaw/institute/2008/finalbrochure.pdf.

Co-Chair, New Directions in Agency Rulemaking, 5th Annual Administrative

and Regulatory Law Institute, ABA Section of Administrative Law and

Regulatory Practice, Washington, D.C., June 10, 2009.

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SELECTED LITIGATION

Counsel to various environmental and other groups (1993-date) and attorney of

record in various litigation including the following:

Ohio Forestry Ass n, Inc. v. Sierra Club, 523 U.S. 726 (1998) (amicus)

(NEPA, National Forest Management Act)

Kleissler v. U.S. Forest Service, 183 F.3d 196 (3d Cir. 1999)

(NEPA, National Forest Management Act) (plaintiffs)

Kleissler v. U.S. Forest Service, 157 F.3d 964 (3d Cir. 1998)

(NEPA, National Forest Management Act) (plaintiffs)

United States v. LTV Steel Co., Inc., 187 F.R.D. 522 (W.D. Pa. 1998)

(Clean Air Act) (intervenor-plaintiff)

Curry v. U.S. Forest Service, 988 F. Supp. 541 (W.D. Pa. 1997)

(NEPA, National Forest Management Act) (plaintiffs)

Contact this candidate