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.
Read lessNorthern New Mexico Stockman’s Association v. U.S. Fish and Wildlife Service
In 2016, the U.S. Fish and Wildlife Service designated as critical habitat some 14,000 acres of land and 170 miles of streams in Arizona, Colorado, and New Mexico for the jumping mouse. The designation severely limits ranchers’ access to grazing land and watering spots and, according to the Fish and Wildlife Service, adds $20 million in regulatory costs, threatening livelihoods that go back generations. Because the Fish and Wildlife Service did not conduct a full economic analysis prior to the critical habitat designation as required by law, the Northern New Mexico Stockman’s Association and Otero County Cattlemen’s Association filed a federal lawsuit challenging the designation.
Read moreVaping Litigation
Electronic nicotine delivery systems—vaping devices and e-cigarettes—first hit U.S. stores in 2007. It didn’t take long for vaping to jump from zero to a $5 billion domestic industry, as entrepreneurs quickly recognized a market hungry for an alternative to traditional cigarettes. In 2016, just as the burgeoning vaping industry was getting off the ground, the Food and Drug Administration (FDA) stepped in with a rule that deems e-cigarettes as tobacco products, and brand new, severe regulations that will only harm the industry and perhaps overall public health—contrary to the agency’s very mission. Using a unique legal theory, Pacific Legal Foundation is suing the FDA in three separate federal courtrooms—at the same time—on behalf of vape store owners and a harm reduction organization in several states who want to promote a more healthy alternative to smoking. The unconstitutional rule burdens these individuals and organizations in unique ways, but all are united in opposition to its continued enforcement. The FDA’s regulations are not only expensive and onerous, and prevent vaping entrepreneurs from fulfilling what they believe is a humanitarian mission of helping people, but the rule was illegal the second it hit the Federal Register.
Read moreCoastal Rights Coalition v. California Coastal Commission
When coastal property owners seek permits for new residential development, the California Coastal Commission requires them to agree never to build a seawall to protect the structure from storms and erosion. This policy was imposed by fiat, without public notice, hearings, and opportunity for public comment, as required by the California Administrative Procedure Act.
Read moreOriginally published by Investor Business Daily October 12, 2018. Regulatory reform is a hot topic nowadays, and no wonder. The size and expense of the federal administrative state are staggering. … ›
Read moreLate last year, PLF submitted a petition for rule-making to the Interior and Commerce Departments (and their delegate agencies the United States Fish and Wildlife Service and National Marine Fisheries … ›
Read moreLate last week, the California Fourth District Court of Appeal issued an unpublished decision in San Diego Unified Port District v. California Coastal Commission. Reversing the trial court, the court … ›
Read moreThis week we filed our final trial court brief in our challenge to the Endangered Species Act listing of the coastal California gnatcatcher. We argue that the gnatcatcher should not … ›
Read moreToday we filed our opening brief in our challenge, on behalf of the California Cattlemen’s Association and the California Farm Bureau Federation, to the listing of the gray wolf under … ›
Read moreToday, PLF provided notice to the Secretary of Interior and the U.S. Fish and Wildlife Service of its intent to bring suit to challenge the Service’s denial of the petition … ›
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