Kenneth von Schaumburg

Kenneth von Schaumburg is a member in Clark Hill’s Washington DC office and 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.

Additional representative experience:

• 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 EPA on its participation on the World Trade Center Expert Technical Review Panel
• Counseled a Fortune 100 steel company on legislative, regulatory and international climate change related developments
• Represented a landfill operation before the EPA in a methane to energy Clean Air Act common control determination
• Represented a Fortune 100 oil & gas company before the New Mexico Environmental Department on Clean Air Act self-disclosures and compliance
• Represented a Fortune 100 mining company before EPA on Clean Water Act regulatory compliance and hazardous waste issues
• 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
• Represented a regional association of municipal power plants before EPA and OMB on Clean Air Act boiler MACT related rulemaking
• Represented the New Jersey Republican State Committee and numerous federal and state candidates on election law issues
• Acted as general counsel to the Parking Authority of the City of Jersey City
• Represented a national water association before EPA on sewage sludge (biosolids) incineration issues