Vonschaumburg

Kenneth von Schaumburg

Member
Office

Washington D.C.

1001 Pennsylvania Ave NW
Suite 1300 South
Washington, DC 20004
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Fax: 202.572.8683
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Practice Areas
Administrative LawEnvironment, Energy & Natural ResourcesGovernment & Public AffairsLitigationPolitical Law
Areas of Emphasis
Administrative LawAlternative/Renewable EnergyBrownfields RedevelopmentEnvironmental Assessments, Due Diligence & AuditsEnvironment, Energy & Natural Resources LitigationMining/Natural Resource ExtractionRemediation & Natural Resource RestorationSolid & Hazardous Waste Management
Industries
Energy & UtilitiesMiningOil & Gas
Education
J.D., Seton Hall University School of Law, Newark, New Jersey, 1993
B.A., Loyola University Maryland, Baltimore, Maryland, 1990
State Bar Licenses
District of Columbia
New Jersey
New York
Court Admissions
U.S. District Ct., District of Columbia
U.S. District Ct., District of New Jersey
U.S. District Ct., N.D. of Florida
U.S. District Ct., E.D. of Louisiana
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals, 3rd Circuit
U.S. Supreme Court
Awards/Achievements
District of Columbia Super Lawyer
Membership
American Bar Association, Section of Environment, Energy, and Resources
American Bar Association, Section of Administrative Law & Regulatory Practice
District of Columbia Bar, Section of Environment, Energy and Natural Resources
District of Columbia Bar, Section of Administrative Law and Agency Practice
Advisor, International Roundtable on Trade and Competition Policy, Inc.,
Federalist Society

Kenneth von Schaumburg

Member

Kenneth von Schaumburg is a member in Clark Hill’s Washington DC office and chairs the firm’s Environment, Energy & Natural Resources practice. Ken principally focuses his practice in the areas of environmental litigation, government policy advocacy, regulatory compliance and counseling. He is experienced in representing clients before state and federal agencies and brings with him extensive professional contacts throughout government.

Prior to joining Clark Hill, Ken headed the Washington DC office of a prominent Phoenix based law firm where he focused on environment and natural resource law and policy advocacy for the mining, oil & gas and agricultural industries.

Ken served as the Deputy General Counsel (2004-2006) and special counsel (2002-2004) to EPA during the administration of George W. Bush. Within these capacities, he provided advice on a variety of issues to the Administrator and senior officials in the formulation of agency policies.

While at EPA, Ken managed a diverse portfolio of Clean Air Act (CAA), Clean Water Act (CWA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) issues. He also handled matters before the United States Supreme Court and the federal appellate courts.

Ken has participated in the development of the following Supreme Court cases, related guidance and rulemakings:

  • South Florida Water Management District v. Miccosukee Tribe of Indians, 541 U.S. 95 (2004) - CWA, Water Transfers Between Navigable Waters
  • Cooper Industries, Inc. v. Aviall Services, Inc., 543 U.S. 157 (2004) - CERCLA, Cost Recovery/Contribution
  • Bates v. Dow Agrosciences, LLC, 544 U.S. 431 (2005) - FIFRA, Preemption of State Tort Claims
  • Rapanos v. United States and Carabell v. United States, Consolidated cases, 547 U.S. 715 (2006) - CWA, Jurisdictional Determinations
  • Massachusetts v. EPA, 549 U.S. 497 (2007) - CAA, Authority to Regulate Greenhouse Gases
  • United States v. Atlantic Research, Inc., 551 U.S. 128 (2007) – CERCLA, Cost Recovery/Contribution
  • Carlota Copper Company v. Friends of Pinto Creek, No. 07-152 (2008) - CWA, Water Quality/Impaired Waters
  • Burlington Northern & Santa Fe R.R. v. United States, 129 S.Ct. 1870 (2009) - CERCLA, Divisibility/Joint and Several Liability

Prior to joining EPA, Ken was the founding partner of a New Jersey-based law firm with substantial environmental, real estate, corporate and government practices. He was also affiliated with a full-service government affairs and lobbying company, where he represented clients with environmental, transportation and health issues.

Ken is skilled at advising on political law compliance and issues, having been legal counsel to numerous federal and state campaigns. He was also a political operative during every election over the past 16 years. He developed grassroots operations, election day activities and political programs for candidates for president, congress and state offices.

 

 

Experiences

Served as natural resource damage litigation counsel to the Florida Department of Environmental Protection and the Florida Fish & Wildlife Conservation Commission in the Multi-District Litigation In Re: Oil Spill By the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, On April 20, 2010, MDL No. 2179, in the United States District Court for the Eastern District of Louisiana

Served as Special Counsel to the Commonwealth of Virginia and the Virginia Department of Environmental Quality related to a potential cost recovery action against the United States Navy

Assisted in the negotiation of an Indian water rights settlement and the Congressional passage of The Bill Williams River Water Rights Settlement Act of 2014

Counseled a Fortune 100 steel company on legislative, regulatory and international climate change related developments

Represented the New Jersey Republican State Committee and numerous federal and state candidates on election law issues

Represented a national water association before EPA on sewage sludge (biosolids) incineration issues 

Represented a landfill operation before the EPA in a methane to energy Clean Air Act common control determination

Represented a regional association of municipal power plants before EPA and OMB on Clean Air Act boiler MACT related rulemaking

Coordinated EPA's defensive litigation arising from the terrorist attacks of 9-11 

Acted as general counsel to the Parking Authority of the City of Jersey City

Counseled EPA on its participation on the World Trade Center Expert Technical Review Panel 

Represented a Fortune 100 mining company before EPA on Clean Water Act regulatory compliance and hazardous waste issues 

Represented a Fortune 100 oil & gas company before the New Mexico Environmental Department on Clean Air Act self-disclosures and compliance 

Coordinated EPA's legal advice in the wake of hurricanes Katrina and Rita and participating in the government-wide Hurricane Katrina White House Legal Working Group

Newsletter Alerts
Deregulatory Statistics and Priorities are Highlighted in White House Fall 2017 Regulatory AgendaNew Concerns for Companies That Import or Manufacture "Toxic" ChemicalsLong-Awaited Commerce Department Regulatory Reform Report Spotlights Priority TargetsAdministration Invites Additional Public Comment on "Waters of the United States" Rulemaking New Executive Order on Infrastructure Ups the Ante on Streamlining the Environmental Review and Permitting ProcessU.S. Army Corps of Engineers and Environmental Protection Agency Proposal to Rescind "Waters of the United States" Regulatory DefinitionU.S. Army Corps of Engineers Solicits Comments under E.O. 13777 "Enforcing the Regulatory Reform Agenda" Interior Department Announces Regulatory Reform Comment OpportunityThe Honest Act Inches Forward Amid ControversyBipartisan Senate Regulatory Accountability Act Adds Another Important Element to Reform EffortsEPA Doubles Down on Regulatory Reform Outreach, But is More Necessarily Better?EPA Seeks Input on Regulations to be Repealed, Replaced, or Modified Regulatory Reform: A Closer Look at Opportunities and ChallengesPresident Trump Orders Revisit of "Waters of the United States" RuleRegulatory Restructuring Initiatives Keep ComingNext Steps on the Executive Order on Reducing Regulation: OMB's Guidance Provides Some ClarityNew Administration Orders Federal Agency Action to Reduce Regulatory Burden on ManufacturingTrump Administration Memorandum Imposes Regulatory Freeze Pending ReviewVolkswagen Scandal Prompts EPA to Target Auto IndustrySupreme Court Widens Federal Agency Latitude on Guidance DocumentsSupreme Court Holds State Statutes of Repose Not Preempted by CERCLAEPA and Corps Propose to Expand Clean Water Act JurisdictionCourt’s Denial of Rehearing in Yucca Mountain Case Signals Significant Shift in NRC Repository Licensing ProcessEPA Assembling MSW Landfill NSPS Small Business Review PanelBipartisan Bill Makes TSCA Reform a Realistic PossibilityFederal Court Opens Door for Endless EPA Veto Power over Corps PermitsAutomotive Impact: The Year in ReviewBureau of Land Management Proposes Cradle to Grave Regulation of Hydraulic Fracturing on Public LandsU.S. Environmental Protection Agency Issues Final Hydraulic Fracturing Air Emission Standards