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C. Boyden Gray

C. Boyden Gray

Credentials

  • A.B. magna cum laude from Harvard and J.D. with high honors from the University of North Carolina at Chapel Hill.1“C. Boyden Gray,” Boyden Gray & Associates. Archived February 18, 2016. Archive.is URL: https://archive.is/WJQBk

Background

C. Boyden Gray (Clayland Boyden Gray) was an attorney and lobbyist and founding partner at the lobbying firm Boyden Gray & Associates in Washington, DC.2“C. Boyden Gray,” Boyden Gray & Associates. Archived February 18, 2016. Archive.is URL: https://archive.is/WJQBk He had been a lobbyist for a variety of corporations, including Exelon, First Energy Corporation, Amgen, Geneva Steel, Genzyme, New England Electric System, the Swiss Bankers Association, and Tiger Management.3“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999. He passed away in May 2023.4Luz Lazo. “C. Boyden Gray, White House counsel to President G.H.W. Bush, dies at 80,” The Washington Post, May 21, 2023. Archived May 23, 2023. Archive URL: https://archive.ph/ZjOn4

Gray was the grandson of Bowman Gray, a president of R.J. Reynolds Tobacco Company, and son of Gordon Gray who served as Secretary of the Army for President Truman and national security adviser to President Eisenhower. Gray has been described as a multimillionaire who has had numerous investments in oil partnerships according to disclosure forms from his days of service in government.5“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999.

According to his profile at Boyden Gray & Associates, Gray worked in the White House for twelve years, first as counsel to the Vice President during the Reagan administration and then as White House Counsel to President George H.W. Bush where he was “instrumental in the enactment of the Clean Air Act Amendments of 1990 and the Energy Policy Act of 1992, as well as the development of a cap-and-trade system for acid rain emissions.”6“C. Boyden Gray,” Boyden Gray & Associates. Archived February 18, 2016. Archive.is URL: https://archive.is/WJQBk

While working on Clean Air Act revisions in the Bush administration, Gray touted the goal of a “free market” strategy – “the emphasis will be on market incentives to achieve results, getting away from command and control so there is more flexibility, more efficiency” in meeting clean air goals.7“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999. 8Marie Cocco. “A Free-Market Wrinkle Added By President,” Newsday , 4. 3-13-1989.

C. Boyen Gray was chair of the Environmental Resources Trust (ERT), created in 1997 by the Environmental Defense Fund (EDF). A June, 1999 report by the NonProfit Accountability Project (PDF) detailed Boyden’s role at ERT, and critically examines both ERT and the EDF‘s role in climate change policy. The report comments that “It is disconcerting that Gray chairs ERT while simultaneously chairing Citizen’s for a Sound Economy (CSE), an anti-environmental think tank.”9“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999.

Gray founded the 501(c)(3) nonprofit Committee for Justice with political strategist Ed Rogers in 2002. The group describes itself as “the nation’s leading conservative voice on judicial appointments and the threat of judicial activism.”“10About the Committee for Justice,” Committee for Justice. Accessed September 20, 2018. It initially served to pressure the Senate into approving President George W. Bush’s federal judicial appointments. 11“A Moving Force In Fight for Bush’s Judicial Nominees,” The Washington Post, May 24, 2005. Archived September 20, 2018. Archive.is URL: https://archive.fo/sx21O

Koch Connection & Citizens for a Sound Economy

In 1993, C. Boyden Gray became the Chairman of Citizens for a Sound Economy (CSE), a group created by Richard Fink and founded in part by David H. Koch.12Jane Mayer. “Covert Operations,” The New Yorker, August 30, 2010. Archived .pdf on file at DeSmog. CSE received $7.9 million between 1986 and 1993 from the Kochs.13“Koch brothers now at heart of GOP power,” Los Angeles Times, February 6, 2011. Archive.is URL: https://archive.is/VZUEZ

At the time, CSE led a public relations campaign against the Clinton administration’s 1993 energy tax proposal. The Nation reported: “While the Koch Foundations could not legally lobby against the tax, CSE rallied public opposition, especially in Oklahoma, where then-Senator David Boren agreed to help kill the tax.”14“Sidebar: Petrodollar Scholars,” The Nation, 1997. Archived January 17, 1997. Archived .pdf on file at DeSmog. Archive.is URL: https://archive.is/35e7G

In 1995, the Kochs hired Gray to write federal legislation titled the Comprehensive Regulatory Reform Act of 1995 after the Environmental Protection Agency (EPA) had filed a lawsuit against the Kochs over oil spills at Koch-owned refineries.15“Koch’s low profile belies political power,” The Center for Public Integrity, July 15, 2004. Archived August 17, 2016. Archive.is URL: https://archive.is/fEqMc

In 1999, Boyden Gray prepared a CSE-funded amicus brief key to a decision by a U.S. Court of Appeals in Washington that suspended air quality regulations issued by the Clinton-Gore administration in July 1997. CSE said it helped fund Gray’s brief.16“Koch’s low profile belies political power,” The Center for Public Integrity, July 15, 2004. Archived August 17, 2016. Archive.is URL: https://archive.is/fEqMc

Stance on Climate Change

At the 1992 Earth Summit in Rio, Gray wrote that he believed more research was needed before action should be taken on climate change:

“[I]t may be that vigorous scientific research into global warming will soon demonstrate the need to act more drastically on greenhouse gases, but this has not happened yet … the immediate need is not climate change.”17“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999.

Key Quotes

October 2014

“If policymakers are serious about cutting carbon emissions, they should give up heavy-handed mandates and empty promises in favor of policies that promote competition in the energy sector. Alternative fuels like natural gas have already reduced carbon emissions in electricity generation and could do the same in transportation. […]

Consider also nuclear power, which is much less carbon-intensive than coal and fossil fuels.”18C. Boyden Gray. “Obama’s empty promises, go-it-alone policies won’t fight climate change,” The Washington Times, October 28, 2014. Archived February 23, 2016. Archive.is URL: https://archive.is/xxI3X

Key Actions

December 20, 2021

Boyden Gray & Associates filed a brief in West Virginia v. EPA, a U.S. Supreme Court case that reduced the EPA’s ability to regulate power plants under the Obama administration’s Clean Power Plan. The firm filed the brief on behalf of the America First Policy Institute.19“BRIEF OF THE AMERICA FIRST POLICY INSTITUTE AS AMICUS CURIAE IN SUPPORT OF PETITIONERS in STATE OF WEST VIRGINIA, et al., Petitioners, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Respondents,” Supreme Court of the United States Docket Nos. 20-1530, 20-1531, 20-1778, 20-1780. Archived .pdf on file at DeSmog. In June 2022, the court ruled 6-3 against the EPA.20“West Virginia v. Environmental Protection Agency,” NRDC, July 7, 2022. Archived April 6, 2023. Archive URL: https://archive.ph/pnvVq

January 25, 2021

C. Boyden Gray published an article at the Wall Street Journal arguing that California and the Biden administration’s initiative to roll out state electric car quotas violated federal law.21C. Boyden Gray. “Electric Car Quotas Have a High Cost,” Wall Street Journal, January 25, 2021.  Archive URL: https://archive.ph/l3K28

“To promote efficiency, federal law broadly forbids state regulations ‘related to fuel economy standards,” Gray wrote.  “Courts have held that this law forbids electric-car quotas and similarly meddlesome command-and-control policies that seek to dictate how car makers should meet federal performance standards. The Golden State argues that a special exception made for California regulations in the Clean Air Act should also be read into the federal fuel-economy law. But that law’s text says no. It forbids fuel-economy regulation by any state—no exceptions.”

February 2016

C. Boyden Gray defended ExxonMobil in the media after the publication of documents showing that Exxon knew about climate change in the early 1980s while promoting climate denial for the next 27 years.22Suzanne Goldenberg. “Exxon knew of climate change in 1981, email says – but it funded deniers for 27 more years,” The Guardian, July 8, 2015. Archived February 23, 2016.  Archive.is URL:  https://archive.is/rb6T1

“The decision to single out Exxon is especially ill conceived, because when it comes to actual proposals for real legislative action on climate change, Exxon’s advocacy has been indistinguishable from some of the leading environmental organizations,” C. Boyden Gray writes in Forbes magazine.23C. Boyden Gray. “The Misguided ExxonMobil Climate Change Inquisition,” Forbes, February 11, 2016. Archived .pdf on file at Desmog. Archive.is URL: https://archive.is/fWXFN

June 2006

C. Boyden Gray was part of the lobbying effort against REACH (Registration, Evaluation, and Authorization of Chemicals), a bill put before the European Union which would equire “manufacturers to test industrial chemicals used in the manufacturing process to gather health and safety data,” reported the Wall Street Journal.24Mary Jacoby. “EU Chemicals Proposal Prompts Global Mobilization Led by U.S.” The Wall Street Journal, June 27, 2006. Archived .pdf on file at Desmog. Archive.is URL: https://archive.is/F1uW8

1999

Boyden Gray prepared a CSE-funded amicus brief key to a decision by a U.S. Court of Appeals in Washington that suspended air quality regulations issued by the Clinton-Gore administration in July 1997. CSE said it helped fund Gray’s brief.25“Koch’s low profile belies political power,” The Center for Public Integrity, July 15, 2004. Archived August 17, 2016. Archive.is URL: https://archive.is/fEqMc

1996

Writing at The New Republic, Hanna Rosin reported that Gray was a “natural leader” for a new group titled the Air Quality Standards Coalition (AQSC). The group, formed in 1996, came to represent more than 500 members including Texaco, Teneco, Philip Morris, Chevron, and Monsanto. In 1997, AQSC spent $100 million in attempts to combat rules that the EPA estimated would save 15,000 lives a year.26“SHADES OF GRAY,” The New Republic, April 14, 1997. Retrieved from MediaTransparency.org. Archived March 18, 2005. Archive.is URL: https://archive.is/Zjj70 27“EPA Clashes with Industry,” The Detroit News, February 7, 1999. Retrieved from Greenpeace Investigations.

Rosin also noted a relationship between the AQSC and Citizens for Sound Economy (CSE), anther of Gray’s groups, which it used “to carry out the ‘grass-roots’ campaign.” However, the CSE kept a “virtuous distance from AQSC: “We are not a part of the coalition; we do not receive funding from them, and we do not work together,” said Brent Bahler, a CSE spokesman.28“SHADES OF GRAY,” The New Republic, April 14, 1997. Retrieved from MediaTransparency.org. Archived March 18, 2005. Archive.is URL: https://archive.is/Zjj70

Rosin reported that, despite this, “CSE footprints show up all over the coalition agenda.” For example, she notes that “CSE officials met with coalition members last April to brief them on their $5 million educational campaign on the EPA rules. They got the American Petroleum Institute to agree to match all donations up to $600,000. Keeping up the appearance of a grass-roots effort by employing CSE is in fact crucial to the coalition. ‘NAM has recognized that re environmental issues, while the war will be won or lost in Washington, the battles will take place out there,’ says one member, according to the notes.”29“SHADES OF GRAY,” The New Republic, April 14, 1997. Retrieved from MediaTransparency.org. Archived March 18, 2005. Archive.is URL: https://archive.is/Zjj70

1995

The Kochs hired Gray to write federal legislation titled the Comprehensive Regulatory Reform Act of 1995.30“Koch’s low profile belies political power,” The Center for Public Integrity, July 15, 2004. Archived August 17, 2016. Archive.is URL: https://archive.is/fEqMc

1992

At the 1992 Earth Summit in Rio, Gray wrote that he believed more research was needed before action should be taken on climate change:

“[I]t may be that vigorous scientific research into global warming will soon demonstrate the need to act more drastically on greenhouse gases, but this has not happened yet … the immediate need is not climate change.”31“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999.

1992

As a Counsel to President Bush, Gray lobbied against the U.S. support for binding targets in the global warming treaty at the 1992 Earth Summit in Rio. Gray also opposed the President’s attendance at the event.32“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999. 33Michael Weisskopf. “Bush to Attend Rio ‘Earth Summit’ in June; Decision Follows U.S.-Won Concessions in Draft Language on Limiting Pollution,” The Washington Post , A3. 5-13-1992.

During the Earth Summit at Rio, Gray opposed the views of many environmentalists and scientists when he said that “it may be that vigorous scientific research into global warming will soon demonstrate the need to act more drastically on greenhouse gases, but this has not happened yet … the immediate need is not climate change.”34C.Boyden Gray. “Put the Forests First,” The Washington Post, A19. 6-2-1992.

1986

Gray denounced CAFE (Corporate Average Fuel Economy) standards that would improve the overall efficiency of vehicles on the road: “automobile companies cannot produce the kinds of cars that a portion of the public wants – big station wagons, for instance,” he said. He blamed U.S. job losses to the shift of production of large cars abroad, which allowed manufacturers to bypass CAFE standards.35“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999. 36Associated Press. “Bush panel urges end to ’70s fuel standards,” The New York Times, B5. 12-23-1986.

Gray was a member of Reagan’s Presidential Task Force on Regulatory  Relief, which made repealing CAFE standards one of its priorities. Citizens for a Sound Economy was also in opposition to CAFE standards.37“CRONY ENVIRONMENTALISM” (PDF), NonProfit Accountability Project, June, 1999. 38Joel Bucher. “Smaller, more fuel efficient but deadlier cars,” The Washington Times, A17. 2-13-1996.

Affiliations

Lobbying History

Both OpenSecrets.org and the U.S. Senate Lobbying Disclosure Acts Database have records of Boyden C. Gray’s lobbying history.78“Cray, C. Boyden: Lobbyist Profile,” OpenSecrets.org. Accessed August, 2016. 79Search Results, U.S. Senate Lobbying Disclosure Acts Database. Accessed August 29, 2016.

View the attached spreadsheet for additional details on C. Boyden Gray’s lobbying by year and lobbying firm (.xlsx).

Client20122011201020062005200420032002200120001999Grand Total
AMGEN INC    $0$60,000$120,000$140,000$40,000$140,000$20,000$520,000
CITIBANK       $0 $20,000$80,000$100,000
Constellation Energy  $45,000        $45,000
DEUTSCHE TELEKOM AG        $560,000$840,000 $1,400,000
Exelon$0$5,000         $5,000
First Energy Corporation$30,000$60,000         $90,000
FiTeq, Inc.           $0
GENZYME CORP       $0$0$20,000$20,000$40,000
LYONDELL CHEMICAL CO   $20,000$20,000      $40,000
NETWORK SOLUTIONS         $20,000 $20,000
SINCLAIR BROADCASTING          $0$0
SWISS BANKERS ASSN         $20,000$20,000$40,000
TIGER MANAGEMENT CORP          $30,000$30,000
WYETH      $140,000$160,000   $300,000
Grand Total$30,000$65,000$45,000$20,000$20,000$60,000$260,000$300,000$600,000$1,060,000$170,000$2,630,000

Social Media

@BoydenGrayAssoc on Twitter.

Publications

Below are some sample publications and speeches from Boyden Gray’s profile at the Federalist Society.80“Hon. C. Boyden Gray: Founding Partner, Boyden Gray & Associates,” The Federalist Society. Archived August 17, 2016. Archive.is URL: https://archive.is/DgGVT

ArticleDatePublication

25 Years of Justice Clarence Thomas – Podcast 

28-Jun-16Practice Groups Podcast 

Governmental Power versus Free Speech? – Podcast 

16-May-16Practice Groups Podcast 

Deference Meets Delegation: Which is the Most Dangerous Branch? – Event Audio/Video 

18-Nov-152015 National Lawyers Convention 

EPA’s Use of Co-Benefits 

24-Sep-15Engage Volume 16, Issue 2 

International Trade: New Initiatives 

11-Sep-15Engage Volume 16, Issue 2 

Costs and Benefits vs. Smoke and Mirrors – Audio/Video 

24-Jun-15Third Annual Executive Branch Review Conference 

Separation of Powers – Event Audio/Video 

19-Nov-122012 National Lawyers Convention 

Dodd-Frank 

21-Jun-12Dodd-Frank Challenged in Court 

Power and Constraint: The Accountable Presidency After 9/11 – Event Video 

21-Mar-12Faculty Division and the American Enterprise Institute 

Congress vs. Agencies: Balancing Checks and Efficiency: Gridlock, Organized Interests, and Regulatory Capture – Event Audio/Video 

03-Mar-122012 Annual Student Symposium 

The Regulatory Accountability Act – Podcast 

17-Feb-12Administrative Law & Regulation Practice Group Podcast 

Discussion on the Legal and Constitutional Issues Concerning the Dodd-Frank Act – Event Audio 

06-Oct-11The Piedmont Triad Lawyers Chapter 

The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010: Is It Constitutional? 

23-Dec-10Engage Volume 11, Issue 3, December 2010 

Equality, Liberty, and Risk – Event Audio/Video 

20-Nov-102010 National Lawyers Convention 

The Constitutionality of the Dodd-Frank Financial Services Reform Act – Event Audio/Video 

19-Nov-102010 National Lawyers Convention 

The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010: Is It Constitutional? 

16-Nov-10Engage Volume 11, Issue 3 

Showcase Panel II: Bailouts and the Government as Insurer of Last Resort – Event Audio/Video 

13-Nov-092009 National Lawyers Convention 

C. Boyden Gray Address at the 2007 National Lawyers Convention – Event Audio/Video 

15-Nov-072007 National Lawyers Convention 

Clarence Thomas Address at the 2007 National Lawyers Convention – Event Audio/Video 

15-Nov-072007 National Lawyers Convention 

Judicial Confirmations Debate Transcript 

25-Mar-07 

Agency Discretion and Restoring the Reign of Reason to the NSR Program 

06-Feb-06 

Breaking the Compact: Separation of Powers, Deference and Fair Notice in New Source Review 

01-Dec-04 

Controlling the “Fourth Branch”: The Fight Against Agency Capture May be a Losing Battle 

08-Apr-04 

Andrew Card Address Before The Federalist Society at the 2003 National Lawyers Convention 

13-Nov-03 

C. Boyden Gray Reviews “Judge Dave and the Rainbow People” – by Judge David Sentelle 

01-May-03 

What Next for Negotiated Rulemaking? – Transcript 

15-Nov-01 

Colloquium: The Future of Environmental Reform 

01-Dec-96Environmental Law & Property Rights Practice Group Newsletter – Volume 1, Issue 1, Fall 1996 

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