Damien Schiff
| Damien Schiff | |
|---|---|
 Damien M. Schiff.jpg | |
| Born | Damien Michael Hennessy Schiff June 4, 1979 San Jose, California, U.S. |
| 🏫 Education | Georgetown University (BA) University of San Diego (JD) |
| 💼 Occupation | |
Damien Michael Hennessy Schiff[1] (born June 4, 1979) is an American lawyer. Currently a senior attorney at the Pacific Legal Foundation, he is a former nominee to be a judge of the United States Court of Federal Claims.
Education and career[edit]
Schiff received his Bachelor of Arts degree, magna cum laude, from Georgetown University and his Juris Doctor, magna cum laude, from the University of San Diego School of Law in 2004. He started his legal career as a law clerk for Judge Victor J. Wolski of the United States Court of Federal Claims.
Schiff litigated Sackett v. Environmental Protection Agency.[2] In 2014, he litigated to end federal protections for the California gnatcatcher, arguing DNA evidence showed it was not a distinct sub-species.[3] Schiff is currently representing Chantell and Michael Sackett again in the Supreme Court case Sackett v. Environmental Protection Agency (2023), also known as Sackett II, where all nine justices determined that wetlands on the Sacketts' property were not "waters of the United States" under the Clean Water Act.[4]
Schiff also successfully litigated Contoski v. Norton, de-listing the bald eagle from the endangered species list.[5]
In Barnum Timber Co. v. EPA, Schiff successfully represented Barnum Timber Co. at the 9th Circuit court.[6] Schiff argued his client had standing to sue the EPA for economic losses incurred by the designation of Redwood Creek, a creek that passed through his property, as an impaired waterbody under Section 303(d) of the Clean Water Act.[7]
In the district court case National Federation of Independent Businesses v. Dougherty, N.D. Tex., No. 16-2568, 4/27/17, a federal district court denied OSHA’s motion to dismiss Schiff's client's complaint. The judge concluded that Dougherty, Schiff's client, had alleged a valid claim that OSHA's so-called Fairfax Memo (which purported to give non-employee union operatives the right to walk around a non-unionized employer's premises with an OSHA inspector) was procedurally invalid because it had not been promulgated following an opportunity for public notice and comment under the APA. Following that ruling, OSHA withdrew the memo.[8]
In Mercer, Fraser Co. v. County of Humboldt,[9] Schiff successfully won a preliminary injunction forbidding enforcement of a local campaign finance measure that made it very difficult for non-local corporations from contributing in local elections, while at the same time largely exempting any and all unions from such regulation.[10]
Failed nomination to Court of Federal Claims[edit]
On May 8, 2017, President Trump nominated Schiff to serve as a Judge of the United States Court of Federal Claims, to the seat vacated by Judge George W. Miller, who retired in 2013.[11] A hearing on his nomination was held before the Senate Judiciary Committee on June 14, 2017.[12] On July 13, 2017, his nomination was reported out of committee by an 11–9 vote.[13] On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.[14] On January 5, 2018, the White House renominated 21 of 26 federal judicial nominees who had been returned by the U.S. Senate. Schiff was not among the 21 individuals who were renominated.[15]
See also[edit]
References[edit]
- ↑ California Birth Index
- ↑ "President Donald J. Trump Announces Judicial Candidate Nominations". May 8, 2017. Archived from the original on May 9, 2017. Unknown parameter
|url-status=ignored (help) - ↑ Sahagun, Louis (June 29, 2017). "Developers seek end to federal protections for California gnatcatcher". Los Angeles Times. Retrieved June 10, 2017.
- ↑ "Docket for 21-454".
- ↑ "The Bald Eagle's Worst Enemy: How Federal Law Pits Land Owners Against Eagles" (PDF).
- ↑ "Barnum Timber Co. v U.S. E.P.A".
- ↑ "A property owner gets his day in court". February 4, 2011.
- ↑ "OSHA Wins Partial Toss Of Business Org's Union Access Suit".
- ↑ "Mercer, Fraser Company v. County of Humboldt".
- ↑ "Mercer, Fraser Co. v. County of Humboldt, California".
- ↑ "Congressional Record". www.congress.gov.
- ↑ United States Senate Committee on the Judiciary: Nominations for June 14, 2017
- ↑ Results of Executive Business Meeting – July 13, 2017 Senate Judiciary Committee
- ↑ "Congressional Record", United States Senate, January 3, 2018
- ↑ Dupree, Jamie (January 5, 2018). "Trump renominates two Georgians for federal judgeships". WSB Radio. Archived from the original on January 5, 2018. Retrieved 5 January 2018. Unknown parameter
|url-status=ignored (help)
External links[edit]
- Appearances at the U.S. Supreme Court from the Oyez Project
- Biography at the Pacific Legal Foundation
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