People in the news

Christopher H. Schroeder

Assistant Attorney General-designate for the Office of Legal Policy at the Department of Justice (since June 2009)

(Duke Law School)

Why He Matters

Schroeder has written the book on environmental law (or at least one of the preeminent ones), and he has consistently argued for a large shift in environmental policy, asking for increased regulation and funding for research.

If confirmed as assistant attorney general for the Office of Legal Policy (OLP), Schroeder's responsibilities will extend far beyond environmental issues to policy decisions of all sorts. The OLP head is responsible for giving Congress the Justice Department's opinion on legislation that affects the department, as well as advising the president on judicial nominees. One of Schroeder's first jobs will be to tackle congressional inquiries about the administration's policies on state secrets and wiretapping.

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Background

At a Glance

Career History: Consultant at O'Melveny & Meyers (January 2002 to August 2005); Vice president of Center for Progressive Reform (February 2002 to June 2008); Impeachment Trial Counsel for Sen. Jospeh R. Biden (January 1999 to February 1999); Counselor to the Assistant Attorney General for the Office of Legal Counsel (April 1993 to January 1994); Deputy assistant attorney general (April 1995 to January 1997); Chief Counsel to the Senate Judiciary Committee (July 1992 to February 1993)
Birthday: 1948
Hometown: Springfield, Ohio

Alma Mater: Princeton University, B.A., 1968; Yale Divinity School, MDiv., 1971; University of California at Berkeley, School of Law, J.D., 1974
Spouse: Katharine T. Bartlett
Web site

Path to Power

Born in Springfield, Ohio, Schroeder went to Princeton University and then earned a Rockefeller Fellowship and went to divinity school at Yale University. From there, he went directly to law school at the University of California - Berkeley, where he was editor of the California Law Review.

He earned his law degree in 1974 and began working for the San Francisco law firm of McCutchen, Doyle, Brown and Enersen (now just Bingham McCutchen) in the general federal and state litigation group. After two years, Schroeder left the firm to start his own firm, Armour, Schroeder, St. John Wilcox and Goodin, with four other lawyers. For the two years he worked there, his work focused on bankruptcy and environmental law.

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The Issues

The Office of Legal Policy (OLP) was created in 1981 to monitor the major policy initiatives of the Justice Department. The assistant attorney general for the office often talks with members of Congress about legislation that affects the department and advocates for the department in front of committees.

Congress often asks for the Justice Department's opinion on legislation and it is the responsibility of the OLP to provide it. The OLP is also charged with advising the president on judicial nominations to the federal circuit courts and the Supreme Court, and the office works with nominees to help the confirmation process go smoothly.

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Environmental Law

Schroeder has not appeared in court since 1979, when he began teaching at Duke's law school. He has taught environmental law since joining the faculty, and has written numerous books and articles on the topic of environmental law. In 2005, he wrote a white paper titled "A new progressive agenda for public health and the environment," and he co-edited a book of the same name while he was vice president of the Center for Progressive Reform, an organization dedicated to issues such as regulatory policy, food and drug safety and arguing for science-based policies.

In the white paper, Schroeder argued that "right-wing commentators and their allies in regulated industries have systematically dismantled programs designed to protect public health." He argues for increased regulation on both the federal and state level and calls on the government to increase public funding for research. He lays out a dozen of policy initiatives to accomplish those goals.

Before joining Duke's law faculty, Schroeder advised the Environmental Defense Fund, which was attempting to require the California Public Utility Commission to mandate that utilities companies adopt conservation measures. From 1999 to 2005, he also advised the Clean Air Trust, a nonprofit dedicated to the full implementation of the Clean Air Act. He wrote a handful of briefs for the trust on environmental issues.

Public Service

In addition to environmental law, Schroeder has also taught constitutional law for more than a decade. At Duke, he also co-taught with Sen. Edward Kaufman (D-Del.), Sen. Biden's former chief aide, a public policy and law course that focuses on the legislative process, constituency service and the role of staff and leadership in decision-making.

Schroeder runs Duke's program in public law, which "exposes law students to the opportunities and value of public service as part of their professional careers," according to Duke Law School dean David F. Levi in a letter to the Senate Judiciary Committee supporting Schroeder's nomination. Levi praised the program for its quality and even-handedness. "Professor Schroeder is not an ideologue," he wrote.

A plurality of Schroeder's writing has been about environmental issues, but he has also written about separation of powers. In 2009, he wrote articles on presidential power, Supreme Court preemption and United States v. Nixon.

The Network

Schroeder has been a law professor for 30 years at Duke Law School, where he works with numerous prominent law professors. Notably, former solicitor general Walter Dellinger is both a professor at Duke and a partner at O'Melveny & Myers, where Schroeder is "of counsel," and he was assistant attorney general for the Office of Legal Counsel while Schroeder was there in the 1990s.

Sen. Edward Kaufman (D-Del.), who co-taught a class on Congress with Schroeder for more than 10 years, praised Schroeder during his confirmation hearing. The dean of Duke's law school is David F. Levi, who is cousins with White House Counsel Dan Meltzer and the son of former Attorney General Edward Levi. Schroeder is married to Katherine T. Bartlett, former dean of Duke Law School.

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Campaign Contributions

Schroeder has donated $26,700 to political campaigns since 1996, including $2,300 to Barack Obama in 2008. He has also regularly donated to Vice President Joseph R. Biden and Rep. David Price (D-N.C.).

Additional Resources