David Bookbinder

As chief counsel, David Bookbinder brings a unique combination of private sector and public interest legal and policy experience to Niskanen.  

In the public interest sphere, Bookbinder has litigated dozens of cases under all of the major environmental statutes including, as Sierra Club’s Chief Climate Counsel, initiating and managing Massachusetts v. EPA. In addition to overseeing Sierra Club’s climate docket, he represented the environmental community (including as trial counsel) in the thicket of litigation over California’s greenhouse gas vehicle standards, and brought In re Deseret Power, which effectively imposed a moratorium on new coal-fired power plants. He also led Sierra Club’s work on judicial nominations, including the filibusters of 2003 – 2006 and litigation over the constitutionality of recess appointments for federal judges, and was counsel in In re Cheney.

Dealing with Congress and federal agencies, Bookbinder helped lead efforts on both global warming legislation and greenhouse gas regulation under the Clean Air Act, and has testified in front of House and Senate committees on these issues (and may be the only person ever invited by both Barbara Boxer and James Inhofe).  He has also advised states as to their greenhouse gas regulatory authority.   

Bookbinder was trained at Princeton University (summa cum laude) and the University of Chicago Law School.  He has designed and taught courses on “Environmental Litigation” at Georgetown University Law Center and “Environmental Law and Science” at the William and Mary Law School/Virginia Institute of Marine Science.  

David Bookbinder posts

Commentary
Social Policy

Niskanen Center files amicus brief in support of narcolepsy patients in Jazz v. Avadel

24 Jan 2023 Daniel Takash, David Bookbinder
Commentary
Climate and Energy

Solar radiation management is here

05 Jan 2023 David Bookbinder
Commentary
Climate and Energy

Transmission permitting redux: the latest permitting text includes a state and federal role that may just work

09 Dec 2022 Liza Reed, David Bookbinder
Commentary
Legal
Social Policy

Time to abandon mandatory deposit

01 Nov 2022 Daniel Takash, David Bookbinder
Commentary
Legal
Climate and Energy

Dissecting the baseless arguments in the recent Attorney Generals' criticism of Manchin's permitting bill

20 Oct 2022 David Bookbinder, Kathryn Schroeder
Media
Climate and Energy

Op-Ed: An all-of-the-above approach for permitting energy infrastructure

24 Aug 2022 Liza Reed, David Bookbinder
Commentary
Legal
Climate and Energy

The Courts Begin to Act on Climate Change

31 Mar 2022 David Bookbinder
Commentary
Legal
Climate and Energy

When all else fails, try reading the statute

30 Mar 2022 David Bookbinder
Commentary
Climate and Energy

An Energy Department power play could reshape the electric grid

26 Jan 2022 Liza Reed, David Bookbinder
Commentary
Climate and Energy

WORDS FROM GLASGOW

11 Nov 2021 David Bookbinder
Commentary
Legal
Climate and Energy

Climate Is Different

04 Nov 2021 David Bookbinder
Commentary
Legal

Public Comment on Enbridge Gas Pipelines' Answer to Comments on the Federal Energy Regulatory Commission's Renewed Notice of Inquiry on the Certification of New Interstate Natural Gas Facilities

26 Jul 2021 Megan Gibson, David Bookbinder, Shanna Fricklas
Commentary
Legal

Niskanen's Public Comment on the Federal Energy Regulatory Commission's Renewed Notice of Inquiry on the Certification of New Interstate Natural Gas Facilities

26 May 2021 Megan Gibson, David Bookbinder
Commentary
Legal

The Niskanen Center's Comments on FERC's Creation of the Office of Public Participation

23 Apr 2021 Megan Gibson, David Bookbinder
Commentary
Legal

Niskanen Policy Comments on FERC Order 871: "Motion to Intervene and Joint Brief on Order No. 871-A" and "Reply Brief on Order No. 871-A"

31 Jan 2021 Megan Gibson, David Bookbinder
Commentary

The Trump Insurrection

07 Jan 2021 David Bookbinder
Commentary
Legal

Yes, Virginia, "President-elect" Is a Real Thing

18 Dec 2020 David Bookbinder
Commentary
Legal
Social Policy

Niskanen Center files Amicus Brief in US v Arthrex

16 Dec 2020 David Bookbinder, Daniel Takash
Commentary
Climate and Energy

CLIMATE AND THE NATIONAL EMERGENCIES ACT

25 Nov 2020 David Bookbinder
Commentary
Legal
Climate and Energy

Don't Confuse Weather With Climate

14 Jul 2020 David Bookbinder