Alumni Return for 1960s Scholars Lecture on Environmental Advocacy in the Courts and on the Hill

Pictured, from left to right: Kate Desormeau and Mohammed Memfis on the lecture poster.

The first 1960s Scholars seminar and lecture of the spring semester kicked off on February 15 with a talk by Williams alumni Kate Desormeau ‘02 and Mohammed Memfis ‘21. Entitled “Arguing for the Future: Case Studies in Environmental Advocacy in the Courts and on the Hill,” the pair discussed their work in helping pass environmentally supportive bills in Congress, and defend environmental laws in the court when challenged.

Memfis introduced his work as an Advisor in the Environmental Practice at Waxman Strategies, a policy, advocacy, and communications group that helps pass progressive governmental policies. At Waxman, Memfis is responsible for assisting with energy research to outline policy, managing political strategy to get strong legislation on the table with sufficient Congressional backing, and handling reactions and responses to political challenges by communicating with policymakers.

His tenure at Waxman thus far has seen him on the team that worked to pass Build Back Better, a sweeping Biden administration agenda that would have increased infrastructure for renewable forms of energy and decarbonization efforts. Memfis discussed the logistical and political difficulties involved with passing and implementing such a bill, from issues of economic cost and geopolitical conflicts to the moderating bipartisan compromises needed to get votes on their side.

“The government will fund companies to buy [carbon capture] tech because it is supported on both sides [of the political party] that would allow fossil fuel companies to continue to operate,” he said. “This allows for these industries to continue on with few concessions.”

While the Build Back Better Act ultimately failed to pass due to the resistance of West Virginia senator Joe Manchin, Memfis pointed to the success of the Bipartisan Infrastructure Deal, which in part addresses public transit infrastructure and clean energy initiatives. Memfis and Desormeau explained that to gain the support of most Congress members, the most environmentally progressive components of bills must be tempered down – an ongoing obstacle in passing climate change legislation.

Desormeau, who is currently a senior attorney and managing litigator at the Natural Resources Defense Council (NRDC) in San Francisco, elaborated on her work defending national monuments against rollbacks from the Trump administration. She explained that in their haste to deregulate areas such as the Bears Ears National Monument in Utah – a critically important and culturally significant area for local Indigenous communities, including the Hopi Tribe, Navajo Nation, Pueblo of Zuni, Ute Indian Tribe, and Ute Mountain Ute Tribe – the Trump administration took illegal shortcuts and violated procedures, leading to the NRDC’s successful lawsuit against them.

Speaking to the slow-moving nature of the court system, Desormeau said that litigation moves very slowly, and her work still involves litigating Trump-era resistance cases and supporting the Biden administration’s efforts to clean up those Trump deregulations. Desormeau suggested that those interested in the topic keep up with the nondelegation doctrine, major questions doctrine, and standing doctrine, since “how courts settle those questions will determine the future of environmental law.”

“Federal courts are still a useful place to vindicate rights,” she said. “Science and facts do matter, and judges will respond to that.”

Memfis and Desormeau noted that while these political and legal frameworks are complex, slow, and conservative, and require restructuring and reform to become more just and effective, they are the current means of passing any significant environmental laws in the United States. Their work, while never guaranteed, is critical in improving the environmental and societal sustainability and health of the nation’s people and lands, for today and the future.

BY SABRINE BRISMEUR ‘22.5

This lecture was sponsored by the Class of 1960 Scholars Program in Environmental Studies.