Leadership Counsel, Washington State Senate Republican Caucus
Daniel Himebaugh serves as Leadership Counsel for the Washington State Senate Republican Caucus.
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 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 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 Act, greenhouse 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 Times, The Wall Street Journal, Harper’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.
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 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 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 Act, greenhouse 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 Times, The Wall Street Journal, Harper’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.
Partner, Hunton Andrews Kurth
A co-leader of Hunton Andrews Kurth’s environmental practice, Deidre is lauded in Chambers USA, 2016 as “extremely capable,” “very familiar with the regulations and agencies,” and excels at giving clients “good insight into getting an expeditious outcome.” Her practice focuses exclusively on environmental, energy and administrative law.
Deidre represents clients on permitting, compliance and litigation relating to the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. She frequently counsels clients on administrative rulemaking and policy, providing regulatory clarifications when necessary, and drafting federal and state legislation on myriad intricate issues. She is also well known for negotiating and obtaining permits for complicated energy and development projects. Her clients include development companies, oil and natural gas pipelines, electric utilities, agricultural interests, state and local agencies, and various trade associations.
Prior to entering private practice, Deidre served as assistant general counsel of the Army at the Pentagon, advising the secretary of the Army on environmental and land use issues involving the Corps of Engineers’ Civil Works and section 404 Regulatory program, as well as the Base Realignment and Closure (BRAC) program. Deidre has extensive experience with federal regulatory agencies, military departments and the US Department of Justice.
Associate, Hunton & Williams LLP
Kerry L. McGrath is an associate in the Washington, D.C. office of Hunton & Williams LLP and advises clients on environmental, administrative, and homeland security law.
Clinical Professor of Law, Dale E. Fowler School of Law, Chapman University
Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute; Co-Director, Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State
Adam J. White is the Laurence H. Silberman Chair in Constitutional Governance and senior fellow at the American Enterprise Institute, where he focuses on the Supreme Court and the administrative state. Concurrently, he codirects the Antonin Scalia Law School’s C. Boyden Gray Center for the Study of the Administrative State.
Mr. White practiced constitutional and administrative law, particularly in the regulation of energy and financial markets. He started his legal career as a law clerk for Judge David B. Sentelle at the US Court of Appeals for the DC Circuit.
Mr. White has written for the Wall Street Journal, the New York Times, the Washington Post, National Affairs, Commentary, Harvard Journal of Law & Public Policy, and Notre Dame Law Review, among other publications. He is a regular contributor to the Yale Journal on Regulation’s Notice and Comment blog, and for many years, he was one of the Weekly Standard’s lead writers on constitutional law and the Supreme Court.
Mr. White has testified often before Congress, including before the Senate’s Committees on the Judiciary; Commerce, Science, and Transportation; and Homeland Security and Governmental Affairs and before the House’s Judiciary and Financial Services Committees. In 2018, the Senate Committee on the Judiciary called him to testify in Brett Kavanaugh’s Supreme Court confirmation hearings to advise senators on Kavanaugh’s approach to administrative law.
In 2021, he served on the Presidential Commission on the Supreme Court of the United States, where he criticized “Court packing” and other efforts to restructure the Supreme Court. In 2017, he was appointed to serve on the Administrative Conference of the United States. He also serves on the leadership council for the American Bar Association’s Administrative Law and Regulatory Practice Section, which he will chair in 2023–24. Before joining AEI, he was a research fellow at Stanford University’s Hoover Institution and an adjunct fellow at the Manhattan Institute.
Mr. White has a JD from Harvard Law School and a bachelor of business administration from the College of Business at the University of Iowa.
Western Environmental Law Center
Partner, Crowell & Moring
Ellen Steen is a partner specializing in environmental and natural resources law. She has represented a broad range of industrial, mining, timber, and agricultural clients in matters involving the Clean Water Act, Clean Air Act, Endangered Species Act, Superfund, Resource Conservation and Recovery Act ("RCRA"), Emergency Protection and Community Right-to-Know Act ("EPCRA"), Toxic Substances Control Act ("TSCA"), Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), and the National Environmental Policy Act ("NEPA").
Ellen's litigation practice has included a wide range of cases concerning the scope of EPA's regulatory authority (both challenging and defending EPA regulations), as well as enforcement actions by EPA and citizens groups. She has litigated Clean Water Act cases involving National Pollutant Discharge Elimination System ("NPDES") permitting, including storm water permitting, as well as section 404 wetlands ("dredge and fill") permitting, antidegradation policies, the total maximum daily load ("TMDL") program, state water quality certification requirements, and Endangered Species Act consultation in connection with EPA action under the Clean Water Act. Some of the more significant policy-related Clean Water Act cases include the successful challenge to aspects of EPA's NPDES regulations for concentrated animal feeding operations ("CAFOs"), Waterkeeper Alliance, Inc. v. EPA, 399 F.3d 486 (2nd Cir. 2005), the successful defense of EPA's current general permit for construction-related storm water discharges, Texas Independent Royalty Producers and Owners Ass'n v. EPA, 410 F.3d 964 (7th Cir. 2005), and on-going litigation concerning EPA's 2008 revised CAFO rules, National Pork Producers Council, et al. v. EPA, No. 08-61093 (5th Cir.), and administrative reporting exemption from EPCRA release reporting requirements, Waterkeeper Alliance, et al. v. EPA, No. 09-1017 (D.C. Cir.). Ellen has defended against numerous administrative and judicial enforcement actions under the Clean Water Act and other environmental laws, including citizens' suits alleging violations of hazardous substance release reporting requirements, as well as citizen claims for RCRA "imminent and substantial endangerment" and open dumping. She has litigated NEPA cases, defending federal projects from challenges to the adequacy of environmental impact analyses, and has extensive experience in Superfund contribution and cost recovery litigation.
Ellen's regulatory counseling and permitting expertise includes Clean Water Act permitting and compliance (related to both NPDES and section 404 dredge and fill regulation), as well as counseling on a variety of issues concerning the regulation of chemical substances, site remediation under the Superfund National Contingency Plan, hazardous substance release reporting, hazardous waste management, and pesticide regulation. She regularly prepares formal comments and engages in administrative advocacy related to EPA initiatives concerning NPDES permitting rules and permit issuance, water quality standards, effluent limitations guidelines, and TMDLs.
She serves as a vice-chair of the Agricultural Management Committee within the ABA's Section of Environment, Energy, and Resources. She is a member of the bars of the Supreme Court of the United States, various federal appellate courts, the District of Columbia, and North Carolina.
Senior Advisor, Trade, Intellectual Property and Strategic Issue, CropLife America
Douglas T. Nelson is senior advisor, for trade, intellectual property and strategic issues for CropLife America, the largest national trade organization representing developers, manufacturers, formulators and distributors of agricultural pesticides across the United States.
Prior to CropLife America, Nelson served as assistant general counsel and assistant secretary of Unilever United States, Inc. in New York, N.Y.
Other previous positions included acquisitions and divestitures counsel at Union Carbide Corporation in Danbury, Conn., and associate positions at the New York law firms of Paul, Weiss Rifkind, Wharton & Garrison, and Coudert Brothers.
Nelson is an appointed member of the United States Industry Trade Advisory Committee on Intellectual Property Rights, which advises the U.S. trade representative and the Secretary of Commerce on intellectual property rights aspects of U.S. trade policy.
Nelson holds a bachelor’s degree in history from Rutgers University in New Brunswick, N.J., a master’s degree and Ph.D. in European history from Columbia University and a J.D. from the Columbia University School of Law, in New York, N.Y.
Nelson holds a bachelor’s degree in history from Rutgers University in New Brunswick, N.J., a master’s degree and Ph.D. in European history from Columbia University and a J.D. from the Columbia University School of Law, in New York, N.Y.
Professor of Environmental Practice and Director, California Env, UC Davis School of Law
Richard M. Frank is a Professor of Environmental Practice and Director of the California Environmental Law and Policy Center (CELPC). Formerly the executive director of the Center for Law, Energy, & the Environment (CLEE) at UC Berkeley School of Law, Frank returned to UC Davis School of Law in January 2010. In addition to leading the CELPC, he teaches classroom courses in the environmental law curriculum.
Before coming to CLEE and UC Berkeley, Professor Frank practiced law with federal and state agencies for 32 years, most of that time with the California Department of Justice. Immediately before joining Berkeley Law, he served as California's Chief Deputy Attorney General for Legal Affairs.
In 2006, Governor Schwarzenegger appointed Frank to the Delta Vision Task Force, an advisory body asked to develop policy recommendations for the Governor and Legislature, addressing environmental problems confronting the California Delta. He served in that capacity in 2007-08. In May 2009, the Chair of the California Air Resources Board appointed Frank Vice Chair of the Economic Allocation & Advisory Committee, an advisory body formed to assist the Air Resources Board in implementing California's landmark Global Warming Solutions Act (AB 32).
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 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 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 Act, greenhouse 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 Times, The Wall Street Journal, Harper’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.
Decker v. Northwest Environmental Defense Center - Post-Argument SCOTUScast
Daniel Himebaugh
On November 3, 2012 the Supreme Court heard oral argument in Decker v. Northwest Environmental...
Los Angeles County Flood Control District v. Natural Resources Defense Council - Post-Argument SCOTUScast
Damien Michael Schiff
On December 4, 2012, the Supreme Court heard oral argument in Los Angeles County Flood Control...
The Reach of Agency Authority: Sackett v. EPA
Sackett v. Environmental Protection Agency: Compliance Orders and the Right of Judicial Review
Damien Michael Schiff
The United States Supreme Court’s decision in Sackett v. Environmental Protection Agency1 promises to be important...
EPA and U.S. Army Corps Seek to Expand Jurisdiction Under the Clean Water Act
Deidre G. Duncan, Kerry L. McGrath
The U.S. Army Corps of Engineers (“Corps”) and U.S. Environmental Protection Agency (“EPA”) (jointly, the...
Bounty Hunters and the Public Interest - A Study of California Proposition 65
Anthony (Tom) Caso
INTRODUCTION Adopted by California voters in 1986, Proposition 65 was a revolutionary measure in a...
Engage Volume 13, Issue 1, March 2012
*Online-Only Issue* SPECIAL CONTRIBUTION The Philosopher in Action: A Tribute to the Honorable Edwin Meese...
Thinking About the "Practically Unthinkable": Energy Infrastructure and the Threat of Low-Probability, High-Impact Events
Adam White
The National Environmental Policy Act1 requires federal agencies to ascertain and evaluate the possible environmental...
Ninth Circuit Amends the Clean Water Act . . . or Does It?
Mark C. Rutzick
Images of Northwoods logging giant Paul Bunyon have faded for most Americans, but the cable...
National Cotton Council v. EPA and NPDES Permits
Charles Tebbutt, Ellen Steen, Doug T. Nelson
Since the passage of the Clean Water Act in 1972, any entity that disposes pollutants...