Jennifer Newstead

Rulemaking vs. Guidance

Saturday, February 12, 2005

Salt Lake City, Utah
Panelist Biographies

Jennifer Newstead

Jennifer Newstead was appointed General Counsel of the Office of Management and Budget in August 2003. In that role, Ms. Newstead advises OMB leadership on the clearance of significant federal regulations, budget development and budget execution; mediates interagency disputes; works with the Justice Department on civil litigation matters with significant regulatory or budgetary impact; oversees the development of all Presidential Executive Orders; represents OMB in investigations by Congress and the GAO; and works with White House and agency officials on major legislative and policy initiatives.

From May, 2002 to August, 2003, Ms. Newstead served as Special Assistant to the President and Associate White House Counsel, where she was principally involved in corporate governance reform, including the Sarbanes-Oxley Act and the President’s Corporate Fraud Task Force; litigation and regulatory issues arising out of the Departments of Justice and HHS; and response to congressional oversight efforts and the September 11 Commission. From March 2001 to May 2002, Ms. Newstead served as Principal Deputy Assistant Attorney General in the Office of Legal Policy at the Department of Justice, where she developed criminal and civil justice initiatives for the Department. From 1997 to 2001, Ms. Newstead was in private law practice with Davis Polk & Wardwell in New York.
Ms. Newstead received her B.A. magna cum laude from Harvard University (1991) and her J.D. from Yale Law School (1994), where she was managing editor of the Yale Law Journal. Following law school, Ms. Newstead served as a law clerk for Judge Laurence H. Silberman of the United States Court of Appeals for the D.C. Circuit and for Justice Stephen G. Breyer of the United States Supreme Court. During the spring of 2002, Ms. Newstead taught a seminar at Georgetown University School of Law.
Richard G. Stoll

Richard G. Stoll is a partner in the Washington, D.C. office of Foley & Lardner and a member of the firm's Regulatory Department. Mr. Stoll concentrates his practice on federal administrative and environmental law matters. He counsels corporations and trade associations on environmental issues before the U.S. Environmental Protection Agency (EPA) and state environmental agencies. He also handles a variety of administrative, rulemaking, and judicial review matters in the fields of intellectual property, health care, and environmental law. He has frequently litigated in the D.C. Circuit and other federal courts regarding agency rulemakings and other actions.

Mr. Stoll has been practicing environmental law since 1973, when he joined the EPA Office of General Counsel. He was involved in the development of regulations under the Clean Water and Air Acts and RCRA, and with the interpretation and application of those rules. He was also involved in appellate litigation of EPA rulemakings and he argued before several United States Courts of Appeals. Upon leaving the EPA, he held the position of assistant general counsel. Subsequently, Mr. Stoll was deputy general counsel of the Chemical Manufacturers Association (now the American Chemistry Council).
He is currently co-chair of the American Bar Association's Rulemaking Committee (in the Administrative Law Section), and is the chair of that Section's Sponsorship Committee. Within the ABA, Mr. Stoll has also served as chair of the Section of Environment, Energy and Resources (SEER). Mr. Stoll has been active in SEER for many years, having served as chair of SEER's Water Quality Committee, its Solid and Hazardous Waste Committee, and as a member of its council. He frequently speaks on legal programs throughout the country and has appeared extensively on ABA environmental television productions. For 10 years, he taught a course on environmental law and policy at the University of Virginia in Charlottesville. He has also published many articles and book chapters on administrative and environmental law topics.
Since 1989, he has been listed in each edition of Woodward-White's The Best Lawyers in America® and he was recently selected for listing in the first edition (2003-04) of Chambers USA: America's Leading Business Lawyers. Mr. Stoll is also listed in the International Who's Who of Business Lawyers. A graduate of Georgetown University Law School (J.D., 1971), Mr. Stoll received his B.A. degree from Westminster College (1968, magna cum laude). He is a member of the District of Columbia Bar and is also admitted to practice before the U.S. Courts of Appeal for the Fourth, Ninth, and District of Columbia Circuits.

Peter L. Strauss

Peter L. Strauss is Betts Professor of Law at Columbia Law School. He joined the faculty in 1971. After graduating Harvard College (1961) and Yale Law School (1964), he had spent two years clerking for federal judges in Washington, D.C., two years lecturing on criminal law in the national university of Ethiopia, and three years as an attorney in the Office of the Solicitor General, briefing and arguing cases before the United States Supreme Court. During 1975-77, Professor Strauss was on leave from Columbia as the first General Counsel of the United States Nuclear Regulatory Commission. His published works include Administrative Justice in the United States (1989 and 2002); Gellhorn’s & Byse’s Administrative Law: Cases and Comments (most recently, 2003, with Rakoff and Farina) and numerous law review articles, generally focusing on issues of rulemaking, separation of powers, and statutory interpretation. In 1987 the Section of Administrative Law and Regula­tory Practice of the American Bar Association presented to Professor Strauss its third annual award for distinguished scholarship in administra­tive law. In 1992-93, he served as Chair of the Section. Professor Strauss currently holds the position of Co-Reporter on Rulemaking for the Section’s European Union Administrative Procedure project. He has twice been Vice Dean at Columbia. Professor Strauss has visited at Harvard and NYU, and lectured widely on American administra­tive law abroad, including programs in Argentina, Belarus, Brazil, China, Germany, Italy, Japan, the Netherlands, Mexico, Turkey and Venezuela. He is editor of the Social Science Research Network's Administrative Law Abstracts, and a member of the board of the Center for Computer Assisted Legal Instruction.

Hon. A. Raymond Randolph

Judge Randolph was appointed United States Circuit Judge in July 1990. He is a graduate of Drexel University (1966) and the University of Pennsylvania Law School (summa cum laude 1969). After clerking for Judge Henry J. Friendly of the U.S. Court of Appeals for the Second Circuit, Judge Randolph served as an Assistant to the U.S. Solicitor General from 1970 to 1973, and, from 1975 to 1977, as a Deputy Solicitor General. From 1979 to 1980, Judge Randolph was Special Counsel to the Ethics Committee of the U.S. House of Representatives. He has also served as Special Assistant Attorney General for Utah, Montana, and New Mexico. Prior to his appointment to the bench, he was a partner with the firm of Pepper, Hamilton & Scheetz. Judge Randolph has taught courses in civil procedure and injunctions at Georgetown University Law Center and is a Distinguished Professor of Law at George Mason Law School, teaching advanced constitutional law. He served on the U.S. Judicial Conference's Codes of Conduct Committee as a member (1992-1995) and as chairman (1995- 1998).