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Admitted to practice in New Jersey, 1993,
U.S. District Court, District of New Jersey, 1993,
New York, 1995,
U.S. Supreme Court, 2004,
District of Columbia, 2009,
U.S. District Court, District of Columbia, 2009,
U.S. Court of Appeals, District of Columbia Circuit, 2009,
U.S. Court of Appeals, Third Circuit, 2009
J.D., Seton Hall University, 1993
B.A., Loyola University Maryland, 1990
American Bar Association, Section of Environment, Energy, and Resources, Member
American Bar Association, Section of Administrative Law & Regulatory Practice, Member
District of Columbia Bar, Section of Environment, Energy and Natural Resources, Member
District of Columbia Bar, Section of Administrative Law and Agency Practice, Member
International Roundtable on Trade and Competition Policy, Inc., Advisor
Federalist Society, Member
Kenneth von Schaumburg is a member in Clark Hill’s Washington DC office and co-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 and litigation. 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 litigation 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:
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.
- 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
Ken is skilled at advising on political law compliance and issues, having been legal counsel to numerous federal and state campaigns, including serving as New Jersey counsel for two Presidential 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.
- Represented a Fortune 100 oil & gas company before the New Mexico Environmental Department on Clean Air Act self-disclosures and compliance
- Counseled a Fortune 100 steel company on legislative, regulatory and international climate change related developments
- Represented a Fortune 100 mining company before EPA on Clean Water Act regulatory compliance and hazardous waste issues
- Represented a regional association of municipal power plants before EPA and OMB on Clean Air Act boiler MACT related rulemaking
- 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
- Counseled EPA on its participation on the World Trade Center Expert Technical Review Panel
- Coordinated EPA's defensive litigation arising from the terrorist attacks of 9-11
- 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
- Acted as general counsel to the Parking Authority of the City of Jersey City
- Represented the New Jersey Republican State Committee and numerous federal and state candidates on election law issues