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.

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

Alaska legislators lodge support for permafrost case

Earlier this week, a coalition of Alaska state legislators urged the state’s federal representatives, and relevant members of the new administration, to revoke the so-called Alaska Supplement to the Army Corps of Engineers’ 1987 Wetlands Delineation Manual. Citing PLF’s ongoing … Continue reading

Is endangered species reform in the offing?

For many years, defenders of property rights and limited government have advocated for reform of the Endangered Species Act. Not surprisingly, recent ameliorative efforts have gone nowhere thanks to divided government. But with the Legislative and Executive Branches now controlled … Continue reading

PLF takes first move in effort to delist the Preble’s meadow jumping mouse

Late last week, PLF gave notice to the pertinent Colorado and Wyoming wildlife agencies of our intent, on behalf of a broad coalition of property rights and sound science advocates, to petition the United States Fish and Wildlife Service to … Continue reading

Challenge to California’s gray wolf listing

This morning, we commenced our challenge to the California Fish and Game Commission’s listing of the gray wolf under the state’s Endangered Species Act. Brought on behalf of the California Cattlemen’s Association, the California Farm Bureau Federation, and their members, … Continue reading

Water Transfer Rule upheld

Yesterday, the Second Circuit Court of Appeals rejected an environmentalist challenge to a 2008 EPA rule exempting water transfers from Clean Water Act permitting requirements.* In Catskill Mountains Chapter of Trout Unlimited v. EPA, the court held that EPA’s so-called Water … Continue reading

And briefing complete in another wetlands challenge

Also today, we filed our reply brief on summary judgment in Tin Cup, LLC v. U.S. Army Corps of Engineers. This case, also arising out of Alaska, challenges the Corps’ practice of “supplementing” its national wetlands delineation manual with regional variations. … Continue reading

Briefing complete in wetlands jurisdictional challenge

Today, we filed our reply brief on appeal in Universal Welding, Inc. v. United States Army Corps of Engineers. The case concerns the scope of a rarely addressed (and even more rarely applied) regulatory exception to the Corps’ wetland jurisdiction under … Continue reading

Belated Happy Birthday, Endangered Species Act?

Yesterday, the Endangered Species Act advanced further into middle-age, turning 43. Typically this is a time for advocates of environmental regulation to tout the Act’s purported successes. Yet often missing from these favorable reviews is an acknowledgment of the Act’s … Continue reading