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Kenneth von Schaumburg

Of Counsel

Ken supports clients in environmental litigation, governmental policy advocacy, and regulatory compliance before state and federal agencies.

Ken practices environmental law and policy advocacy for the manufacturing, chemicals and mining industries. He is experienced in representing clients in commercial transactions, at Superfund sites, in litigation, and before state and federal agencies bringing with him extensive professional contacts throughout government.

Ken served as the Deputy General Counsel (2004-2006) and special counsel (2002-2004) to the United States Environmental Protection Agency (EPA). Within these capacities, he provided counsel and advice to the Administrator and senior officials in the formulation of agency policies, rulemakings and litigation. 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.

Previously, 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 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

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

2019-2020: Super Lawyers® – Selected for inclusion in Washington DC Super Lawyers & Rising Stars list (Environmental Law)