Damien Schiff

Senior Attorney

Pacific Legal Foundation

Damien Schiff

Senior Attorney

Pacific Legal Foundation

Damien Schiff is a senior attorney at Pacific Legal Foundation. He leads its environmental practice group, a unique initiative that draws broadly from PLF’s expertise and success in property rights and separation of powers litigation. Over the years, Damien has represented hundreds of landowners and property rights advocates to defend their liberties against heavy-handed and unwarranted environmental and land-use regulation. His litigation experience includes Sackett v. U.S. Environmental Protection Agencya groundbreaking decision in which the U.S. Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by EPA, and Contoski v. Norton, PLF’s successful effort to force the federal government to make good on its promise to delist the bald eagle from the Endangered Species Act. 

Besides litigation, Damien has written academic articles on a variety of subjects, including the Endangered Species Act, the Clean Water Actgreenhouse gas torts, the duty to rescue, and international water law. He has appeared on a variety of television and radio programs and has been quoted in The New York TimesThe Wall Street JournalHarper’s Magazine, and The Economist, among other publications. 

He 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, he 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, four chickens, and a cat named Princess. In his off hours he enjoys stamp collecting, Gregorian chant, and martinis—preferably at the same time. 

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Contributions

Regulation and Red Tape: Sackett v. EPA: A Tale of Wetland Regulations

September 15, 2023

At what point can Americans go to court to defend themselves against agency enforcement action?

This crucial question arose for the Sackett family when they embarked on the initial stages of constructing their home near Priest Lake, Idaho. EPA agents arrived on their property and asserted that it was a federally protected wetland. The EPA subsequently issued a compliance order that would subject the Sacketts to a fine of $37,500 a day. What followed was years of legal battles between the Sackett family and the EPA, culminating in two pivotal Supreme Court decisions.

In the second episode of the “Regulation and Red Tape” series, experts delve into the story of the Sackett family, their experience with the EPA, and the due process questions raised by the story.

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Deep Dive Episode 240 – Courthouse Steps Oral Argument: Sackett v. Environmental Protection Agency

October 21, 2022

In this podcast, experts discuss the potential implications of Sackett v. EPA for defining “waters of the United States.”

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Courthouse Steps Oral Argument: Sackett v. Environmental Protection Agency

October 6, 2022

In this webinar, a panel of experts discuss the oral argument of Sackett v. EPA and the opportunity before the Supreme Court of the United States to determine the confines of “waters of the United States.”

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Sackett v. EPA: How Will the U.S. Supreme Court Define “Waters of the United States?”

September 30, 2022

Experts discuss the first case of the new SCOTUS term and the implications it may have for defining “waters of the United States.”

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Deep Dive Episode 236 – Sackett v. EPA: How Will the U.S. Supreme Court Define “Waters of the United States?”

September 30, 2022

In this podcast, experts discuss the first case of the new SCOTUS term and the implications it may have for defining “waters of the United States.”

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Deep Dive Episode 60 – Juliana v. United States

June 25, 2019

Juliana v. United States is a pending lawsuit in which a group of minors alleges that the government has violated their right to a stable climate under the 5th Amendment. In this episode, experts discuss the recent oral arguments in the case, the potential outcome, and the constitutional implications of the case.

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