About Damien M. Schiff

Damien Schiff is a principal attorney for Pacific Legal Foundation. Mr. Schiff practices Environmental Law, with emphasis on cases involving the Endangered Species Act and the Clean Water Act. He is PLF's lead attorney in Sackett v. EPA.

Are there federal reserved rights to groundwater?

That is the question being asked of the United States Supreme Court in two cert petitions filed last month, Desert Water Authority & Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians. Succinctly, the doctrine of federal reserved … Continue reading

Notice of anticipated gnatcatcher lawsuit submitted

This week, PLF submitted a notice of intent to sue the U.S. Fish and Wildlife Service over the agency’s denial last year of our petition to delist the coastal California gnatcatcher from the Endangered Species Act. The petition sought the … Continue reading

Opposing legislative efforts to undercut homeowner protection

This afternoon, the Natural Resources Committee of the California Assembly will consider AB 1129 (Stone), the Coastal Commission’s most recent effort to expand its powers at the expense of coastal landowners. The bill would overturn a longstanding understanding of the … Continue reading

More on the jumping mouse

Earlier this month, PLF submitted a petition to delist the Preble’s meadow jumping mouse from the Endangered Species Act. This week, Ron Arnold has an excellent column in the Washington Examiner detailing the tremendous waste of conservation money, time, and effort … Continue reading

Appeal filed in forest access case

Today, we filed our notice of appeal in Granat v. USDA, a challenge to the Forest Service’s massive route-closure initiative on the Plumas National Forest in northeastern California. In 2005, the Forest Service promulgated a Travel Management Rule. The Rule’s purpose … Continue reading

New article on judicial review and the Endangered Species Act

The Endangered Species Act gives the United States Fish and Wildlife Service the authority to exclude areas from protected species’ “critical habitat” when the benefits of excluding those areas would exceed the benefits of including them. This power is significant, … Continue reading

How should one measure the Endangered Species Act’s performance?

Property rights and other groups that seek reform of the Endangered Species Act oftentimes note that only a tiny fraction of the species that have been listed under the Act have recovered. Environmentalists typically respond that a recovery metric is … Continue reading