Fresh off Supreme Court win, legal group girds for more battles with EPA

E&E News | August 17, 2012 | Lawrence Hurley

[WilliamIII]

SACRAMENTO, Calif. -- Alongside the replica London taxicab and a jar of candy on attorney Damien Schiff's desk, a blue trucker cap has a place of honor.

The cap -- advertising "Sackett Contracting & Excavating" -- was a gift from clients Mike and Chantell Sackett after Schiff successfully argued on their behalf in a recent Supreme Court case. The resulting decision, Sackett v. EPA, was a crushing loss for U.S. EPA in the 32-year-old lawyer's first appearance before the high court (Greenwire, March 31).

Since the March ruling, Schiff's star has risen. He's become a sought-after speaker at legal events. Potential clients are calling with their own tales of EPA-generated angst.

The unanimous Supreme Court ruling also served to burnish the reputation of Schiff's employer, the Pacific Legal Foundation, which is based here in a modest two-story office building just a few blocks from the state Capitol.

The conservative nonprofit legal group has been a thorn in EPA's side for almost the entire life of the agency.

In fact, PLF, as it's known, celebrates its 40th birthday next year, just three years after EPA reached the same landmark.

The Supreme Court win -- not the group's first -- has served to keep it in the public eye at a time when Republicans in Congress have been lambasting EPA for what they perceive as its overreach when it comes to regulation.

Sitting behind the desk in his comfortable office, Schiff conceded that PLF and EPA aren't on best terms.

"They certainly aren't inviting us to any cocktail parties," he said.

PLF's founding in 1973 had a lot to do with the man who occupied the governor's mansion down the street here: Ronald Reagan.

[JerseyanExile]

A link would be nice.

[Puckster]

http://eenews.net/public/Greenwire/2012/08/17/2

[Dudoight]

i’d like to read about the actual case. I am glad this group of attys are there. The EPA needs some good slappin’.

[zeugma]

Here's the Supreme Court decision itself: Sacket v. EPA.

[zeugma]

Looks like I lied. I thought that link was the decision, but it's actually just background (though that's kinda useful, since the linked article didn't really describe exactly what was at issue in the case, or why it was important. I can't seem to find the decision at LII, though I recall reading it when it was announced. Here is the decision itself from the Supreme Court website. Unfortunately, it's a PDF.

[zeugma]

Wish there were an edit button on FR sometimes. I've found a browser-friendly version of the decision at LII.