Damien M. Schiff

Senior Attorney

Sacramento

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record in Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by the Environmental Protection Agency.

In addition to the Clean Water Act, Damien’s practice includes direct litigation and friend-of-the-court briefs in cases arising under the federal and California Endangered Species Acts, as well as other environmental laws.  He has appeared on a variety of television and radio programs, and has been quoted in The Economist, The New York Times, and The Wall Street Journal, among other publications.

Damien obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University.  While at USD, Damien was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty.  Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims.  Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.

Damien lives in Sacramento with his wife, two young sons, and a cat named Lily.  He is a card-carrying member of the American Philatelic Society.

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record in Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by the Environmental Protection Agency.

In addition to the Clean Water Act, Damien’s practice includes direct litigation and friend-of-the-court briefs in cases arising under the federal and California Endangered Species Acts, as well as other environmental laws.  He has appeared on a variety of television and radio programs, and has been quoted in The Economist, The New York Times, and The Wall Street Journal, among other publications.

Damien obtained his law degree magna cum laude from the University of San Diego School of Law, and his undergraduate degree magna cum laude from Georgetown University.  While at USD, Damien was a research assistant for Professor Bernard Siegan, a leading constitutional theorist and advocate for property rights and economic liberty.  Immediately prior to joining PLF, Damien clerked for Judge (and former PLF attorney) Victor Wolski of the United States Court of Federal Claims.  Damien credits the mentoring and examples of Professor Siegan and Judge Wolski for his decision to pursue a career in liberty-based public interest litigation.

Damien lives in Sacramento with his wife, two young sons, and a cat named Lily.  He is a card-carrying member of the American Philatelic Society.

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Property Rights

Town of Coos Bay, Oregon v. National Marine Fisheries Service

Endangered Species Act abuse forces federal zoning control on local communities

Federal bureaucrats are twisting environmental and emergency management law to control zoning across Oregon, including its treasured coastal regions. At issue is a National Marine Fisheries Service opinion that governs FEMA’s national flood insurance program. Under the rule, local communities wanting federal flood insurance must abstain from economic development—purportedly to protect endangered species. PLF has stepped in on behalf of Coos Bay, a town that won’t stand for this blatant abuse of the law.

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Procedural Guarantees

California Cattlemen’s Association v. California Fish and Game Commission

Wandering lone wolf in California triggers “endangered” listing

Based on the sighting of a lone non-native gray wolf in California, the state Fish and Game Commission listed the gray wolf species under the California Endangered Species Act, effective January 1, 2017. On behalf of the California Cattlemen’s Association, the California Farm Bureau Federation, and their members, PLF sued to invalidate this illegal listing, which protects a non-native species at the expense of native species, ignores the growing wolf populations outside California, and upends a multi-year collaborative process among government, environmental, and ranching interests to balance wolf protection with livestock protection. 

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Property Rights

Cherk Family Trust v. County of Marin, California

Marin County punishes elderly property owners with unconstitutional fees

When Dart and Esther Cherk needed to supplement their retirement income, they decided to split a 3-acre vacant lot in Marin County that had been in the family for six decades in order to sell both halves. As a condition of the lot split, however, the county demanded that they pay $40,000 as an “affordable housing” fee.

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By Damien M. Schiff

Further analysis of Cal Supremes’ ruling on mandatory mediation and conciliation

The court’s ruling okaying this forced “collective bargaining” raises significant concerns for maintaining robust doctrines of equal protection and the separation of powers.

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By Damien M. Schiff

California Supreme Court upholds compulsory arbitration for agriculture

The California Supreme Court upheld the constitutionality of California’s “mandatory mediation and conciliation” process for labor disputes between agricultural employers and unions.

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By Damien M. Schiff

Supreme Court denies review in federal reserved water rights case

The water district petitioners had asked the High Court to review the Ninth Circuit’s precedent-setting decision holding that the doctrine of federal reserved water rights is not limited to surface water.

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Op-Ed

Endangered Species Act Bureaucrats Are Playing Word Games That Cost Billions Of Dollars

The government’s environmental scientists must start behaving more like real scientists and less like politicized bureaucrats. We all need to know—we all deserve to know—what they mean by the words they use.

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Op-Ed

Feds turn flood insurance into a tool for land grabs in Oregon

When zoning and planning decisions are made for your community, which level of government should make the call?

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By Damien M. Schiff

A petition to resolve the Endangered Species Act taxonomy debate

PLF and several allied organizations submitted a petition for rule-making to the federal agencies that administer the Endangered Species Act. The petition asks the agencies to define “species” and “subspecies,” terms which, although critical to the Act’s operation, are left undefined by statute and regulation.

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