Damien M. Schiff

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 Michael Sackett in the Supreme Court case Sackett v. Environmental Protection Agency (2023), also known as Sackett II.[4]

Schiff also successfully litigated Contoski v. Norton, de-listing the bald eagle from the endangered species list.[5]

In Barnum Timber Co. v U.S. E.P.A., Schiff successfully represented Barnum Timber Co. at the 9th Circuit court.[6] Schiff argued his client had standing to sue the E.P.A 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]

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]

• Donald Trump judicial appointment controversies

• Appearances at the U.S. Supreme Court from the Oyez Project
• Biography at the Pacific Legal Foundation