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Damien M. Schiff

Senior Attorney
PLF National Headquarters

(916) 419-7111

Practice areas
Clean Water Act
Endangered Species Act

Damien Schiff is a Senior Attorney at Pacific Legal Foundation. He has over a decade of experience litigating cases concerning a variety of federal and state environmental and land-use issues, including 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, Mr. Schiff’s practice has included direct litigation and friend-of-the-court briefs in cases arising under the federal and California Endangered Species Acts, among other laws. Mr. Schiff 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. Mr. Schiff 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. He is a former law clerk to the Honorable Victor J. Wolski, United States Court of Federal Claims.

Presentations and Scholarship


An Address to the Distinguished Members of the San Mateo Rotary Club


Clean Water Act Litigation Update: Fairbanks Industry Update Forum 2016 (PowerPoint) 

Rollin' Rollin' Rollin' on the River: A Story of Drought, Treaty, Interpretation, and Other Rio Grande Problems (PDF)

Nothing New Under the Sun: The Minimalism of Chief Justice Roberts and the Supreme Court's Recent Environmental Law Jurisprudence

Purposivism and the 'Reasonable Legislator': A Review Essay of Justice Stephen Breyer's Active Liberty

The Distinct Population Segment Provision of the Endangered Species Act and the Lack Thereof in the California Endangered Species Act

The Endangered Species Act at 40: A Tale of Radicalization, Politicization, Bureaucratization, and Senescence (PDF)

Current Issues in Clean Water Act (Powerpoint)

The New Clean Water Act E-Reporting Rule: What Electronic Data Reporting and Sharing Mean For Your Operations (Powerpoint)

Current Issues in Takings and Vested Rights (Powerpoint)

Endangered Species Act: Recent Developments (Powerpoint)

Leading Land-Use Issues: Litigation (Powerpoint)

Current Issues in Takings: 43d Select Conference on Industry Litigation (Powerpoint)

The Endangered Species Act at 40: Time for a Change (Powerpoint)

The Endangered Species Act: A Ninth Circuit Update (PDF)

Current Issues in Land Use: Takings and Vested Rights (DOC)

Defining “Water of the United States”: A Litigious Task (DOC)

California Wetlands: Insights from Policy Makers & Regulators (WPD)

Takings and Water Rights: Law in a State of Flux (WPD)

Beyond Jurisdiction: What Sackett v. Environmental Protection Agency portends for wetlands regulation and enforcement (WPD)

Trends in the Law of the Clean Water Act (WPD)


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