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.

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

Briefing update in Fairfax Memo Challenge

In National Federation of Independent Business v. Dougherty, we challenge the so-called Fairfax Memo, a substantial pro-union re-write of federal law governing workplace safety inspections. Last month, the feds moved to dismiss our challenge on procedural and substantive grounds. Yesterday, … Continue reading