Neil Thomas Proto

Neil Thomas Proto (born September 4, 1945) is an American lawyer, teacher, lecturer, and author. He chaired Students Challenging Regulatory Agency Procedures (SCRAP) as a law student. He served in the Appellate Section of the Environment and Natural Resources Division in the U.S. Department of Justice. During the administration of President Jimmy Carter, he served as general counsel to the President's Nuclear Safety Oversight Committee. Proto was appointed a visiting lecturer at Yale University in 1988 and 1989. Since 1990, while in private practice in Washington, DC, he has been an adjunct professor at Georgetown University's McCourt School of Public Policy. In 2010, he was elected a Fellow in the Royal Geographical Society of London. In 2016, his one-person play, The Reckoning, Pecora for the Public, premiered in Seattle.

Neil Thomas Proto
Born (1945-09-04) September 4, 1945
New Haven, Connecticut
OccupationLawyer, University Teacher, Author
Alma materThe George Washington University (JD, MA) and Southern Connecticut State University (BA)
SubjectEnvironmental Law, Cities and Urban Culture, Appellate Litigation
Notable works"Sacco and Vanzetti and the Italian Experience in America" (1999), "The Rights of My People: Liliuokalani's Enduring Battle with the United States 1893-1917" (2009), "To A High Court: The Tumult and Choices that Led to United States of America v. SCRAP" (2005 [40th anniversary edition, 2013])

Early life and education

Proto was born in New Haven, Connecticut, to Matthew and Celeste Proto. Both parents were active in New Haven's civic and political life. His mother emigrated from Italy in 1916. He attended New Haven's public schools. Proto's sister, Diana (1947—), was a Milken National Educator.[1][2] His brother, Richard Proto, (1940–2008), was director of research in the U.S. National Security Agency. In 2009, a conference center was named in his honor on the NSA campus in Fort Meade, Maryland.[3][4]

Proto graduated from Southern Connecticut State University in 1967, where he served as student body president and received the university's outstanding leadership award. He was among the early recipients of college funding from the New Haven Scholarship Fund.[5] He received his Master of Arts degree in International Affairs from The George Washington University (GWU) in 1969. From April to June 6, 1968, he served as chair of Young Citizens for Kennedy in Connecticut; then he worked with others to collect signatures for hand gun control.[6] He graduated, with honors, from GWU's law school in 1972. While there, he organized and chaired Students Challenging Regulatory Agency Procedures (SCRAP).[7] His first book, To A High Court,[8] captured the activist imperative and rough corporate culture that surrounded and tempered him and led to United States of America v. SCRAP, 412 US 669 (1973).[9] It was the first Supreme Court case to deal with the National Environmental Policy Act and "standing to sue" under the Constitution. The decision has proven an acknowledged and enduring bane to Justice Antonin Scalia and Chief Justice John Roberts Jr.[10][11][12] He also donated various documents, photographs, and memorabilia from the 1968–1972 era to the University's Gelman Library.[13] In March 2014, Proto was interviewed for an exhibition and symposium planned for fall 2014 on GW's central place in the civil rights and anti-Vietnam War demonstrations.

Public service, private practice, teaching, and civic life

While at the Justice Department (Appellate Section, Environment and Natural Resources Division), Proto litigated cases concerning public lands, environment, and Native Americans. He received the Department's Special Commendation Award for Outstanding Service and the Division's Award for Meritorious Service.[14] In 1979, Proto returned to New Haven. In January 1980, he served as co-chair of the first Mayoral inauguration held at Yale University. The inauguration, held in Woolsey Hall, included the president of Yale, A. Bartlett Giamatti, and Connecticut Governor Ella T. Grasso. Proto wrote about the event in his book about Giamatti, Fearless: A. Bartlett Giamatti and the Battle for Fairness in America.[15] He has also written about Giamatti and Pete Rose.[16][17][18] Proto was elected to the board of directors of the Long Wharf Theater, and served on the board of directors of the Shubert Theatre (New Haven). In 1981, Proto received the Distinguished Alumnus Award from Southern Connecticut State University. He had given the Commencement Address in 1976.

In 1981, Proto returned to Washington, D.C., where he served as general counsel to President Jimmy Carter's Nuclear Safety Oversight Committee (NSOC).[19] Proto also has written about the corporate and government failure to ensure nuclear safety.[20]

From 1983 to 1989, Proto entered private practice in New Haven. He represented the city and state in various constitutional and environmental litigation in Washington, D.C.; Connecticut; and New York.[21] Proto was appointed a visiting lecturer at Yale College in 1988 and 1989, where he taught the history and law of nuclear power.

Proto returned to Washington, D.C., to join Verner, Liipfert, Bernhard, McPherson and Hand and begin teaching at Georgetown University's Public Policy Institute (now the McCourt School of Public Policy).[22] He represented, pro bono, the National Trust for Historic Preservation and Protect Historic America (involving such authors as David McCullough, James Alan McPherson, and Pulitzer Prize-winning journalist Nick Kotz) in their successful effort to stop Disney from building a theme park in Virginia.[23] He drafted a unique statutory scheme at the behest of the State of Hawaii that resulted in the conveyance of Kaho'olawe Island from the United States to Hawaii for the special use of Native Hawaiians.[24] His work led, in part, to the publication of his second book, The Rights of My People: Liliuokalani's Enduring Battle with the United States, 1898 to 1917.[25] The book explored the skilled and courageous efforts of former Queen Liliuokalani on the continental United States to regain one million acres of land taken in the 1898 annexation by the United States. Proto also focused on the disquieting role played by lawyers. In December 2013, he donated the Rights of My People papers to the University of Hawaii Law School.[26]

In 2002, Proto became a partner at Schnader Harrison Segal & Lewis.[27] In 2004, he was elected to the board of directors of the Roosevelt Institute for a three-year term. In the summer of 2004, he served as counsel to Congresswoman Rosa DeLauro (D-Conn.) in her capacity as chair of the Democratic Party Platform Drafting Committee. He served as chair (1995–2010) of the American Friends of Wilton Park, a British-American educational organization with origins in World War II. In 2010, he served as a senior adviser to the United States Naval Academy's Foreign Affairs Conference on "National Security Beyond the Horizon: Changing Threats in a Changing World." Later that year, he was elected a Fellow in the Royal Geographical Society.

Selected writings

Proto's articles have been published in various newspapers, magazines, and journals. From 1997 to 2002, Proto undertook an examination of the lives of Bartolomeo Vanzetti and Nicola Sacco and the cultural and legal setting for their 1921 trial and 1927 execution. In 2002, with the support of Mayor John DeStefano, Jr., and Congresswoman Rosa DeLauro, Proto served as chair of New Haven's year-long commemoration of the seventy-fifth anniversary of the execution. Proto also co-adapted from the original Dutch (with director Tony Giordano) the musical drama, "The American Dream: The Story of Sacco and Vanzetti." It was performed at the Shubert Theatre (New Haven) in 2002. In the preface to Sacco and Vanzetti, which encompasses the history and persons involved in this almost seven-year inquiry and literary effort, Proto wrote the following: "This body of work has reflected my intention to encourage a colloquy about the meaning and effects among Italian immigrants and Italian Americans of the fight for the lives of Bartolomeo Vanzetti and Nicola Sacco. It was not a lonely journey. From the outset, numerous people engaged thoughtfully and, at times, provocatively in such a colloquy…. Raw, often dormant, experiences and recollections emerged with a comfort not previously allowed or accepted. Memories among the elderly had been seared by the lives of Vanzetti and Sacco." His recent writings include a work of short fiction, Absent in Body, Present in Spirit,[28] as well as works on his adventurous exploits with friends in the Northwest[29] and book reviews on Louis Brandeis and T. E. Lawrence.[30] In 2016, Proto's one-person play on the 1933 U.S. Senate hearings into the causes of the 1929 stock market crash, The Reckoning, Pecora for the Public, premiered in Seattle. A reviewer said: "Possibly it is the best solo play ever written."[31] Proto's most recent book, Fearless: A. Bartlett Giamatti and the Battle for Fairness in America, explores the early years of the Italian American professor of Renaissance literature who would later become Yale's first non-Anglo-Saxon president and the commissioner of Major League Baseball.[32]

Current interests

Proto is a member of the District of Columbia Bar and the United States Supreme Court Bar. His peers recognize him for exceptional ethical conduct and legal skill.[33] He continues to reside in Washington, D.C., occupied by writing, teaching, and exploring new creative threads. His interests frequently take him abroad to Royal Geographical Society conferences and events; to the Pacific Northwest for hiking, sailing, kayaking, and snowshoeing; and to the Northeast to maintain close ties with family members and friends.

References and notes
  1. "Educators". Milken Educator Awards.
  2. http://www.saccovanzettiexperience.com/pdf/Milken_National_Educator_Diana_Proto_Avino.pdf
  3. http://www.saccovanzettiexperience.com/pdf/FairfieldNow_ALifeinSecrets.pdf
  4. "Hall of Honor 2013 Inductee - Richard Proto - NSA/CSS". nsa.gov.
  5. Mitchell Young. "From the Tiniest Seed". conntact.com. Archived from the original on 2015-01-08.
  6. http://toahighcourt.com/pdf/RFK.pdf
  7. http://library.gwu.edu/ead/ms2275.xml
  8. Neil Thomas Proto, To a High Court: The Tumult and Choices That Led to United States of America v. Scrap (2006, 2013)
  9. SCRAP v. U.S., 346 F. Supp. 189 (D.D.C. 1972); stay denied, 93 S. Ct. 1 (1972, Burger, C.J.); U.S. v. SCRAP, 412 U.S. 669 (1973).
  10. Linda Greenhouse, "For the Chief Justice, a Dissent and a Line in the Sand," ("[A]ccording to Chief Justice Roberts, SCRAP is back.") New York Times, April 8, 2007
  11. http://www.toahighcourt.com/sue.php
  12. http://www.law.gwu.edu/Library/Special_Collections/Archives/Pages/PapersNeilThomasProto_Scrap.aspx
  13. http://toahighcourt.com/pdf/Guide_to_the_Neil_Thomas_Proto_papers.pdf
  14. The most contentious litigation involved multiple controversies to preserve the boundaries of various Sioux Reservations, especially cases against the State of South Dakota and its surrogates. Representative cases included the following: U. S. and Standing Rock Tribe (Amicus Curiae) v. Long Elk and Bird Horse, 565 F.2d 1032 (8th Cir. 1977) rehearing en banc den.; diminishment of the Standing Rock Reservation (South Dakota) (briefing and oral argument); Coupland v. Morton, Secretary, 526 F.2d 588 (4th Cir. 1975) NEPA, Back Bay Wildlife Refuge (Virginia) (briefing and oral argument); National Organization for the Reform of Marijuana Laws (NORML) v. Department of State, den. of motion for injunction pending appeal (D.C. Cir. 1978) NEPA opium poppy and marijuana eradication program in Mexico (brief only, no oral argument held); Brown, Governor v. U.S.E.P.A. (Brown I), 521 F.2d 827 (9th Cir. 1975) and (Brown II, 566 2d 665 (9th Cir. 1978) 10th Amendment, Commerce Clause, Constitutionality of Clean Air Act; transportation controls (briefing and oral argument); U.S.E.P.A. v. Brown, 431 U.S. 99 (1977) judgment vacated as moot (drafted Pet. for Cert. and brief for Solicitor General); North Dakota v. Andrus, Secretary of Interior, interlocutory appeal under 1292(b), aff'd Interior position (8th Cir. 1978); injunction denied by Justice Blackmun (1978) Article II, Section 2 (President's authority); dam project (North Dakota) (brief only); Geminschaft Zum Schutz Des Berlinger Baumbestandes, E.V. v. George Marienthal, American Commandant, Berlin, denial of preliminary injunction (D.D.C. Cir. 1978) Application of NEPA to military housing in Berlin (assisted in brief preparation); U.S. and Cheyenne River Tribe (Amicus Curiae) v. Glen Dupris, Juvenile, 453 F. Supp. 1171 (D.S.D., 1978); 612 F.2d 319 (8th Cir. 1979) diminishment of Cheyenne River Reservation (South Dakota) (testimony preparation, briefs only); U.S. v. New Mexico, 536 F.2d 1324 (10th Cir. 1976) supported Federal land grant for Mine Workers Hospital (New Mexico) (briefing and oral argument); Diamond Ring Ranch, Inc. v. Morton, Secretary of Interior, 531 F.2d 1397, rehearing denied (10th Cir. 1976) Unauthorized use of pesticides on the public lands (Wyoming) (briefing and oral argument); Sierra Club v. Morton, Secretary, 510 F.2d 813 (5th Cir. 1975) oil and gas leasing on outer-continental shelf (Mississippi-Florida) (briefing and oral argument); Rosebud Sioux Tribe and United States (Amicus Curiae) v. Kneip, Governor, 521 F.2d 87 (8th Cir. 1975) Native Americans; General Allotment policy; diminishment of Rosebud Reservation (South Dakota) (briefing and oral argument). Rosebud Sioux Tribe and United States (Amicus Curiae)v. Kneip, Governor, 430 U.S. 584 (1977) (drafted brief for Solicitor General); U.S. ex rel Cook and United States (Amicus Curiae) v. Parkinson, 525 F.2d 120 (8th Cir. 1975) diminishment of Pine Ridge Reservation (South Dakota) (briefing and oral argument);Utah P. and L. v. Morton, Secretary, 504 F.2d 728 (9th Cir. 1974) "Wheeling" of electric power over public lands by private utility; (briefing and oral argument);Transwestern Pipeline Co. v. Kerr-McKee Corporation, 492 F.2d 878 (10th Cir. 1974) (United States Amicus Curiae) natural gas and mining on public land (New Mexico) (briefing and oral argument); Stanley Johnson v. Lower Elwha Reservation (Washington), 484 F.2d 200 (9th Cir. 1973) Indian Civil Rights Act of 1968 (briefing and oral argument);U.S. v. U.S. Steel, cert. den., 414 U.S. 909 (1973) Criminal prosecution of U.S. Steel for violating Rivers and Harbors Act (drafted brief in opp. for Solicitor General).
  15. Neil T. Proto, Fearless: A Bartlett Giamatti and the Battle for Fairness in America (Albany: SUNY Press, 2020).
  16. Neil T. Proto, "Preservation of Baseball Tradition Is at Stake in Rose Debate," New Haven Register, July 6, 1989
  17. http://www.saccovanzettiexperience.com/pdf/Preservation_of_Baseball_Tradition.pdf
  18. Neil T. Proto, "Bart Giamatti: The Quest for Fairness in Cooperstown," Across the Margin, May 14, 2020.
  19. Following the accident at Three Mile Island, President Carter appointed a commission chaired by Dartmouth President John G. Kemeny. NSOC's purpose was to examine nuclear power plant safety, make recommendations, and oversee implementation of the Kemeny Commission recommendations. Arizona Governor Bruce Babbitt, who had been a member of the Kemeny Commission, chaired NSOC. Proto attended the International Atomic Energy Commission Conference in Stockholm; led research efforts in emergency planning and efforts on the effect of conditioning bank lending and insurance practices on upgraded safety measures; and, with others, critiqued various utility emergency planning exercises and NRC decisions.
  20. http://toahighcourt.com/pdf/Three_Mile_Island_NTProto.pdf
  21. Representative cases during this period included Connecticut Trust for Historic Preservation v. I. C. C. and City of New Haven (Intervenor), 841 F.2d 479 (2nd Cir. 1988) Rails to Trails Act, Farmington Canal (Connecticut) (briefing and oral argument); Mall Properties, Inc. v. Marsh, Department of Army and City of New Haven (Intervenor), 672 F. Supp. 561 (D. Mass. 1987); aff'd 841 F.2d 440 (1st Cir. 1988) NEPA, Clean Water Act, wetlands, shopping mall (Connecticut) (briefing and oral argument); New Haven et al. (led by National League of Cities) v. U.S., 634 F. Supp 1449 (D.D.C. 1986), aff'd 809 F.2d 900 (D.C. Cir. 1986) President withholding funds for low and moderate income housing (briefing and oral argument, made primarily by League of Cities); Pacific Gas and Electric v. California, 461 U.S. 190 (1983) state regulation of nuclear power; Special Assistant Attorney General, Connecticut, (amicus curiae) (brief only).
  22. At Georgetown, Proto developed interdisciplinary courses on environmental values and energy choices (coal, oil, and nuclear power), on global warming and the failed legislation to deal with it, and on cities—the history of urban policy, architecture, transit, race, highways, culture, sprawl, and new urbanism.
  23. "Opponents of Disney Park Find Allies in Congress," New York Times, June 13, 1994; "How Washington Insiders Ambushed Mickey Mouse," Washington Monthly, December 1994.
  24. Culture Into Law: The Conveyance of Kaho'olawe Island (1995, Honolulu) and Kaho'olawe: The Lawyer's Duty (2005, University of Washington Law School).
  25. Proto, Neil Thomas (2009). The Rights of My People: Liliuokalani’s Enduring Battle with the United States, 1898 to 1917. Algora.
  26. "NTP Newsletter - February 2014". campaign-archive2.com.
  27. His work included the ultimately successful effort to stop the use of the Mirant coal-fired power plant in Alexandria, Virginia, and, in 2011 and 2012, the Title VII Civil Rights and environmental lawsuit on behalf of Arlington County, Virginia, that stopped the construction of a toll road in Northern Virginia. The suit (U.S. District Court [DC]) focused on the measurable and disparate pollution harm to minority schools, day care centers, and elderly citizens. After more than a year of litigation, Virginia withdrew the planned road that was to run through Arlington, through Alexandria, and into the District of Columbia.
  28. "Absent in Body, Present in Spirit: The Tech Trilogy". neilthomasproto.com.
  29. "In the Pacific Northwest". neilthomasproto.com.
  30. "On My Mind". neilthomasproto.com.
  31. Marie Bonfils, review of The Reckoning, Pecora for the Public, Drama in the Hood, March 8, 2016, http://www.dramainthehood.net/2016/03/the-reckoning-pecora-for-the-public/. The video trailer for the play is available at https://www.youtube.com/watch?v=BqlBBuIE7Wc.
  32. Neil T. Proto, Fearless: A Bartlett Giamatti and the Battle for Fairness in America (Albany: SUNY Press, 2020); Steve Scarpa, "Bart Giamatti Focus of New Book by New Haven-Born Author," New Haven Register, April 3, https://www.ctinsider.com/news/nhregister/article/Bart-Giamatti-focus-of-new-book-Fearless-by-15177020.php#photo-19256601; Steve Scarpa, "'Fearless' about Fairness," New Haven Register, April 12.
  33. Martindale Hubbell, which is peer-driven, conferred an annual ranking of the highest order (AV) on Proto during his last decade of practice. According to Proto's notification: "Less than 14% of U.S. Attorneys are AV rated."
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