David Miller assists clients on a variety of complex land use and environment related matters, including matters dealing with the National Environmental Policy Act, Section 4(f) of the Department of Transportation Act, the National Historic Preservation Act, the California Environmental Quality Act, and the Federal and State Constitutions. Mr. Miller has represented landowners, resource developers, and public agencies on matters involving federal and state permitting issues, local zoning issues, environmental planning and litigation, right-to-take challenges, and orders for prejudgment possession. Additionally, he has experience assisting property owners and businesses with lease disputes and breach of contract claims.
A former Nossaman summer associate, Mr. Miller previously served as a judicial extern for the Honorable Suzanne H. Segal in the United States District Court for the Central District of California. Prior to law school, Mr. Miller worked as a Staff Consultant for Criterium Consulting Group, a consulting firm that provides expert witness services for complex construction litigation.
Mr. Miller regularly comments on news, events, and policies affecting endangered species issues in California and throughout the United States on the Firm's Endangered Species Law & Policy blog.
City and County of Honolulu, Hawaii – Honolulu High Capacity Transit Corridor Project. Part of litigation team representing the City of Honolulu in the successful defense of the $5 billion, 20-mile, rail transit project in Honolulu. The case included numerous claims under the National Environmental Policy Act, National Historic Preservation Act and section 4(f) of the Department of Transportation Act (49 U.S.C. § 303) HonoluluTraffic.com v. Federal Transit Administration (FTA), 2012 U.S. Dist. LEXIS 157937 (D. Haw. Nov. 1, 2012), aff'd 742 F.3d 1222 (9TH Cir. 2014).
Coalition for a Sustainable Delta v. Federal Emergency Management Agency, E.D. Cal. Case No. 09-2024. Part of team that successfully represented plaintiffs Coalition for a Sustainable Delta and Kern County Water Agency in action challenging the Federal Emergency Management Agency for failure to consult under the Endangered Species Act regarding the effects of the National Flood Insurance Program on listed species in the Sacramento-San Joaquin Delta. Obtained settlement requiring FEMA to consult and pay attorney's fees.
Cook v. Transportation Corridor Agency, Case No. 30-2012-00551394. Drafted demurrer that secured dismissal with prejudice of client in an inverse condemnation case involving a claim for more than $6 million in damages by a group of homeowners and businesses who alleged extreme flooding of their properties was caused by defective design/construction of drainage facilities for SR-73 Toll Road.
Los Angeles County Metropolitan Transportation Authority. Advising client with respect to implementation of a countywide development impact fee program.
San Bernardino Associated Governments ("SANBAG"). Part of team representing SANBAG with right-of-way acquisition/eminent domain services for sbX E-Street Corridor Bus Rapid Transit Project.