CHAPTER 4 EFFECTIVE PARTICIPATION IN AGENCY ADMINISTRATIVE PROCESSES: A DISCUSSION OF STRATEGIC ENGAGEMENT

JurisdictionUnited States
Natural Resources Development and the Administrative State: Navigating Federal Agency Regulation and Litigation
(Feb 2019)

CHAPTER 4
EFFECTIVE PARTICIPATION IN AGENCY ADMINISTRATIVE PROCESSES: A DISCUSSION OF STRATEGIC ENGAGEMENT

Nada Culver
The Wilderness Society
Denver, CO
Susan Jane Brown
Western Environmental Law Center
Portland, OR
Barclay T. Samford
U.S. Department of Justice Environment and Natural Resources Division
University of Denver Sturm College of Law
Washington, D.C. & Denver, CO
Michael B. Schon
U.S. Chamber Litigation Center
Washington, D.C. 1

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NADA WOLFF CULVER is Senior Counsel and Director of the BLM Action Center at The Wilderness Society, providing technical advice and support to citizens and conservation groups working to protect their public lands. The Wilderness Society's mission is to protect wilderness and inspire Americans to care for our wild places. The BLM Action Center, located in Denver, Colorado, assists and encourages people to participate in land use planning processes and management decisions, including those addressing transmission, renewable energy, fossil fuel development and protection of wilderness. The BLM Action Center also seeks to influence national policy on management of our federal public lands. Before joining The Wilderness Society, she practiced law in the private sector for more than 10 years, working on a variety of environmental issues including energy development and environmental remediation, and was a partner with the law firm of Patton Boggs. She is a graduate of Northwestern University and the University of Pennsylvania School of Law.

SUSAN JANE BROWN is a staff attorney with the Western Environmental Law Center (WELC) in Portland, Oregon. Her primary focus of litigation is federal public lands forest management, but her practice includes cases involving the Endangered Species Act, National Environmental Policy Act, National Forest Management Act, and other land management statutes. She is a former Co-Chair of the National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule and is also heavily engaged in collaborative forest restoration in the Upper John Day Basin in eastern Oregon.

BARCLAY T. SAMFORD is a Senior Trial Attorney with the U.S. Department of Justice Environment and Natural Resources Division, in Washington, D.C. and Denver, CO. His practice focuses on administrative, federal public land, and natural resources law litigation in both federal district court and in the federal courts of appeal on behalf of a wide range of federal agencies, including the U.S. Forest Service and the Bureau of Land Management. Mr. Samford's principal practice areas include the National Environmental Policy Act, the Endangered Species Act, the National Forest Management Act, the Clean Water Act, and the Wild and Scenic Rivers Act. Mr. Samford graduated with honors from Cornell University and with distinction from Stanford Law School. Prior to joining the Department of Justice, he served as law clerk to Judge John C. Porfilio of the U.S. Court of Appeals for the Tenth Circuit and for Justice Raymond Austin of the Supreme Court of the Navajo Nation. Mr. Samford teaches Natural Resources Law as an adjunct professor at the University of Denver Sturm College of Law and has taught at the National Advocacy Center, the University of Hawai'i William S. Richardson School of Law, and Harvard Law School.

MICHAEL SCHON is Deputy Chief Counsel at the U.S. Chamber Litigation Center in Washington, D.C., the litigation arm of the U.S. Chamber of Commerce. Mike oversees the Chamber's environment and energy litigation, along with an array of civil litigation topics in the federal and state courts. Schon has extensive experience litigating and counseling on environmental and regulatory matters. He previously was vice president and counsel with the Portland Cement Association (PCA), where he planned and directed PCA's federal regulatory advocacy and litigation, emphasizing environmental and workplace safety issues. Earlier, Schon was a senior associate with the international law firm Baker Botts LLP. There he represented top energy and manufacturing companies in environmental and regulatory litigation and provided environmental compliance counseling services. Schon focused on Clean Air Act and CERCLA matters and was recognized as a "Rising Star" in environmental litigation by Washington, D.C.'s Super Lawyers Magazine in 2014 and 2015. Before entering the private sector, Schon served in the Environment and Natural Resources Division of the U.S. Department of Justice through the Attorney General's Honors Program. He received a Special Commendation for Outstanding Service to the Division. Schon started his legal career clerking for Judge Patricia K. Norris of the Arizona Court of Appeals after earning his J.D. cum laude from Arizona State University's Sandra Day O'Connor College of Law and his B.A. magna cum laude in philosophy from Northern Arizona University.

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