Bethany Davis Noll

Bethany Davis Noll

Executive Director

Bethany Davis Noll is an expert in administrative and environmental law and an experienced litigator. She is an adjunct professor at NYU Law. Prior to joining the Center, she was Litigation Director at the Institute for Policy Integrity, where she wrote articles, led amicus briefing in cases challenging the Trump administration’s rollbacks of environmental and other rules, and ran Policy Integrity’s “Roundup: Trump-Era Agency Policy in the Courts.” She was co-chair of the Environmental Law Committee of the New York City Bar Association from 2020 to 2023. She previously served as Assistant Solicitor General in the New York State Attorney General’s Office, where she filed briefs in major environmental cases in the Supreme Court and earned the Louis J. Lefkowitz Memorial Award for her work. Bethany was also an associate at Debevoise & Plimpton LLP and served as a clerk for the Honorable Chester J. Straub in the Second Circuit Court of Appeals and for the Honorable Shira A. Scheindlin in the District Court for the Southern District of New York. Bethany received a J.D. with distinction from Stanford Law School and a B.A., magna cum laude, from Barnard College. Bethany was born in Costa Rica and she spent her childhood in Venezuela.

Publications

Academic Articles & Reports

Examining the Role of AGs in a Just Transition
(Fall 2022 • Pace Environmental Law Review • Co-Author)

Measuring the Benefits of Power Plant Effluent Regulation
(June 2022 • Institute for Policy Integrity • Contributing Author)

Rulemaking Developments in 2021
(Winter 2022 • ABA Administrative & Regulatory Law News Co-Author)

Presidential Transitions: The New Rules
(September 2021 • Yale Journal on Regulation • Co-Author)

“Tired of Winning”: Judicial Review of Regulatory Policy in the Trump Era
(2021 • Administrative Law Review • Author)

Rulemaking Developments in 2020
(Winter 2021 • ABA Administrative & Regulatory Law News Co-Author)

Markets, Externalities, and the Federal Power Act: The Federal Energy Regulatory Commission’s Authority to Price Carbon Emissions
(August 7, 2020 • Environmental Law Reporter Co-Author)

Regulation in Transition
(March 6, 2019 • Minnesota Law ReviewCo-Author)

Markets, Externalities, and the Federal Power Act
(February 22, 2019 • New York University Environmental Law Journal • Co-Author)

Deregulation: Process and Procedures That Govern Agency Decisionmaking in an Era of Rollbacks
(November 16, 2017 • Energy Law Journal • Co-Author)

Op-Eds and Analysis

Major Questions Doctrine May Not Be What Administrative Foes Seek
(July-August 2024 • The Environmental Forum: “In the Courts”)

Securities Law Tackles Impact of a Changing Climate on Bottom Line
(May-June 2024 • The Environmental Forum: “In the Courts”)

The Court Takes Up Cross-State Air Again—but on Shadow Docket
(March-April 2024 • The Environmental Forum: “In the Courts”)

A Do-Nothing Rule in the Court Threatens Much Agency Regulation
(November-December 2023 • The Environmental Forum: “In the Courts”)

Green Amendments: Lessons From Hawai’i, New York, and Montana
(September-October 2023 • The Environmental Forum: The Debate)

The High Court’s Environmental Docket Continues to Make Waves
(July-August 2023 • The Environmental Forum: “In the Courts”)

Not an Afterthought: Remedies Receiving Their Day in Court
(May-June 2023 • The Environmental Forum: “In the Courts”)

In a Threat to State Priorities, a Broadside Against Standing
(March-April 2023 • The Environmental Forum: “In the Courts”)

Will Environmental Policies That Consider Race Survive in Court?
(January-February 2023 • The Environmental Forum: “In the Courts”)

A Dormant Threat to State Clean Energy, Public Health Programs
(November-December 2022 • The Environmental Forum: “In the Courts”)

Agencies Can Avoid Major Questions Risks
(November-December 2022 • The Environmental Forum: The Debate)

No Longer a Major Question About the Court’s New Direction
(September-October 2022 • The Environmental Forum: “In the Courts”)

It Is Time to Talk About the Biden Administration’s Record in Court
(May-June 2022 • The Environmental Forum: “In the Courts”)

A Battle Over Major Questions Is Brewing in the High Court
(March-April 2022 • The Environmental Forum: “In the Courts”)

With the ACE Rule Cert Grant, Where Is the Court Headed?
(January-February 2022 • The Environmental Forum: “In the Courts”)

Instead of ‘Hot Summer’ for FERC, Commission Lands in Hot Water
(November-December 2021 • The Environmental Forum: “In the Courts”)

The Biden Administration Can Learn From Trump-Era Court Losses
(September 29, 2021 • Bloomberg Law)

Last Term’s High Court Decisions Hint at an Incremental Strategy
(September-October 2021 • The Environmental Forum: “In the Courts”)

On Balance: Benefit-Cost Lessons Learned
(August 2021 • Society for Benefit-Cost Analysis)

No Big News Yet From a Changed Court’s Environmental Docket
(July-August 2021 • The Environmental Forum: “In the Courts” )

Social Cost of Carbon Is a Case Study on Courts, Executive Orders
(May-June 2021 • The Environmental Forum: “In the Courts” )

Disorder in the Courts — More Than Usual Transition Upheaval
(March-April 2021 • The Environmental Forum: “In the Courts” )

Rulemaking Developments in 2020

(Winter 2021 • Administrative and Regulatory Law News)

U.S. Domestic Climate Policy — Looking Forward
(Winter 2021 • European Association of Environmental and Resource Economists)

How the Biden Administration Can Undo Trump’s Regulatory Policies
(January 19, 2021 • The Bulwark)

The Administration’s Record in the Courts
(November 3, 2020 • The Hill)

Undoing the Regulatory Policies of the Trump Administration
(May 26, 2020 • The Regulatory Review)

Regulatory Rollbacks Have Changed the Nature of Presidential Power
(March 16, 2020 • The Regulatory Review)

More Bike Lanes, Not Just Post-Tragedy
(July 9, 2019 • New York Daily News)

It’s a Bad Idea to Pick a Fight with California on Car Emissions
(June 8, 2019 • San Francisco Chronicle)

On Balance: The Costs and Benefits of Deregulation
(May 29, 2019 • Society for Cost-Benefit Analysis)

Regulatory Whack-A-Mole
(April 10, 2019 • Politico)

The Distraction of Pruitt’s Scandals Is Gone but That Won’t Make Deregulating Any Easier
(July 26, 2018 • The Hill)

Pruitt’s Deregulation Spree Has Cut Corners
(July 31, 2017 • Slate)

Trump Follows Through on Deregulation, but at What Cost?
(June 23, 2017 • The Hill)

Stealth Repeal: Trump’s Strategy to Roll Back Regulations Through Delay
(May 2, 2017 • The Hill)

Projects

Reports

The Proof is in the Policies — 2021 Wins
(December 2021 • Contributing Author)

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