A Hard Look

On this episode, we are so grateful to be joined by Matt Pawa to discuss the intersection of Environmental and Administrative Law. There may be no better person in the field to have as our guest today: Matt is a pioneer of environmental litigation, having been involved in many of the nation’s most important environmental cases for over 25years. Matt’s 13-year lawsuit against more than a dozen oil companies for polluting New Hampshire groundwater resulted in over $100 million in pre-trial settlements and a $236 million verdict against Exxon Mobil Corp., the largest verdict in state history. He also launched the first ever climate change tort case in the U.S. back in 2004, bringing an action against many of the largest coal burning power plants, allof which has contributed to Matt being widely recognized as the nation’s foremost expert on climate litigation against fossil fuel companies ever since.Matt is also no stranger to rolling up his sleeves and keeping the Monkey Wrench spirit of the late, great Ed Abbey alive, noted by the dismissal of all criminal charges he obtained for climate protesters Ken Ward and Jay O’Hara in the Lobster Boat Blockade back in 2014—the case ended so emphatically that the district attorney issued a dramatic statement on the courthouse steps announcing he was dropping the charges and would join an upcoming climate march (pretty impressive stuff to say the least).We also want to highlight two other great resources mentioned in this episode: First, go check out Matt’s own podcast, “Mother Earth,” – he is taking a break from it currently, but may return to it at any moment. and Second, we would like to highlight Hazel Rosenblum Sellers recent piece published in the Michigan Law Review entitled: “Good Cause for Goodness' Sake: A New Approach to Notice-and-Comment Rulemaking.”

On this episode we speak with Nancy Lewis about the wide world of Government Contracts. While on its face, government contracts may not sound like the most glamorous field of law,beneath the surface there is a complex, dynamic, and endlessly challenging landscape. These behind the scenes, unsung heroes, help negotiate and execute everything from major federal IT overhauls to defense contracts that impact national security. Nancy serves as the Assistant Solicitor and Branch Chief for Acquisitions and Intellectual Property at the U.S. Department of theInterior. A combat veteran and former Army JAG officer, she brings deep expertise from both military and civilian federal procurement. This episodewill explore bid protests, the Federal Acquisition Regulation (known as the FAR), and the evolving challenges agencies and contractors face in today's procurement environment.

Today, for the first time ever, we are excited to feature a current law student on the Podcast. Joining us is second-year law student, Jared Zwettler. Jared is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of his graduation requirements, has written an incredible paperdiscussing the Federal Railroad Administration, otherwise referred to as the “FRA.”Specifically, Jared analyzed the FRAs recent action surrounding high speed rail in the U.S., with a particular focus on the California High Speed Rail Project.  This is a brief conversation with Jared about his paper, but if you are desiring more, please find a link to Jared’s Comment in the show notes. My name is Elliott Hiller, and along with Cyrus Crevits, we are your hosts for this 7th season of A Hard Look.

This episode of A Hard Look dives into the regulation of cryptocurrency, one of the hottest and most complex topics in modern finance.From the rise of digital assets to the challenges of oversight and enforcement, crypto is testing the boundaries of financial law and innovation. But how is the regulatory landscape evolving? What are the risks and opportunities of digital assets? And with the new administration’s stance on these assets being an about face from the Biden Administration, what does the future hold for cryptocurrency in the United States? Joining us to answer these questions, and many more, are Professors Gerard Comizio and Jerry Buckley.Professor Comizio is the associate director of the Business Law Program at American University Washington College of Law, the director of the law school’s Digital Asset Law Project, and currently teaches one of the first digital asset law courses in the United States.Professor Buckley is recognized as a thought leader in the field of financial services regulation and is a founding partner of Buckley LLP––the leading national financial services law firm that combined with Orrick in 2023. Professor Buckley also serves as an Adjunct Professor at American University Washington College of Law.

In this season's final installment of the Hard Look Series , we take a focused look back at the first 100 days of Donald Trump’s presidency—not through the lens of news headlines or viral clips, but through the quieter, often more consequential corridors of administrative law. Professors Jennifer Selin and Chris Walker join us to reflect.View the transcription here.Show Notes:Presidential Documents on the Federal Register (Updated Daily)Congressional Research Service: “The Good Cause Exception to Notice and Comment Rulemaking: JudicialReview of Agency Action” (January 29, 2016)FDA v. Wages and White Lion Investments, LLCThe Presentment Clause (Article I, Section 7 of the U.S.Constitution)Presidential Action: Restoring Accountability toPolicy-Influencing Positions Within the Federal Workforce (January 20, 2025)The Hill: “Law Firms Divided Over Response to TrumpOrder” (March 25, 2025)Presidential Action: Ensuring Accountability for All Agencies (February 18, 2025)SCOTUS Blog: “Justices Will Hear Arguments on Trump’sEffort to End Birthright Citizenship” (April 17, 2025) More From Our Guests:Jennifer Selin, “Constraining the Executive Branch:Delegation, Agency Independence, and Congressional Design of Judicial Review”Chris Walker, “Congress and the Shifting Sands inAdministrative Law”