David J. Miller

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, and the National Historic Preservation Act. He also counsels clients on the California Environmental Quality Act, the California Planning and Zoning Law, the California Subdivision Map Act, the California Coastal Act, and the Federal and State Constitutions.

David represents landowners, resource developers, and public agencies on matters involving federal and state permitting issues, local zoning issues, and environmental planning and litigation. He also assists with advising state and regional infrastructure authorities on environmental issues regarding large infrastructure projects. Additionally, he has experience assisting property owners and businesses with lease disputes and breach of contract claims.

David previously served as a judicial extern for the Honorable Suzanne H. Segal in the United States District Court for the Central District of California.

David 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.

Experience

City and County of Honolulu, Hawaii – Honolulu High Capacity Transit Corridor Project. Part of litigation team that represented 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. HonoluluTraffic.com v. Federal Transit Administration, 2012 U.S. Dist. LEXIS 157937 (D. Haw. Nov. 1, 2012), aff'd 742 F.3d 1222 (9th Cir. 2014).

Arizona Department of Transportation. Part of team providing counsel to Arizona Department of Transportation regarding environmental issues related to the 20-mile South Mountain Freeway Project, and which successfully defended ADOT against NEPA and Section 4(f) challenges to the Project in Protecting Arizona’s Resources & Children v. FHWA, U.S. Dist. Ariz Case Nos. CV-15-00893; 012121 (D. Ariz. Aug. 19, 2016, Granting ADOT’s Motion for Summary Judgment). The project is currently under construction, and on December 8, 2017, the Ninth Circuit Court of Appeals unanimously rejected two challenges to the 2016 decision, No.16-16586, No. 16-16605, --- Fed. Appx. ----, 2017 WL 6146939 (9th Cir. Dec. 8, 2017) (memorandum op’n).

Orange County Transportation Corridor Agencies. Provided environmental compliance and strategy recommendations for the Tesoro Extension Project (SR 241). Counseled on key issues, including CEQA, NEPA, transportation planning, wetlands, and water quality issues. Part of the team that handled environmental litigation related to the project.

Los Angeles Light Rail Transit Project. Part of team in successful defense of $1.5 billion rail transit project in west Los Angeles in litigation through the California Supreme Court. Neighbors for Smart Rail v. Exposition Metro Line Construction Authority, 57 Cal.4th 439 (2013).

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. 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 that represented SANBAG with acquiring portions of 150+ properties for the sbX E-Street Corridor Bus Rapid Transit Project, a 15.7-mile bus rapid transit project in the Inland Empire.

Publications

Blog Posts

Speaking Engagements

News

Community & Professional

American Bar Association

Orange County Bar Association

Urban Land Institute

Public Law Center Advocates

Transportation Research Board, Standing Committee on Environmental Issues in Transportation Law (AL050)

Honors & Recognitions

Included in Best Lawyers: Ones To Watch, Land Use and Zoning Law, 2024-2025

Included in Best Lawyers: Ones To Watch, Environmental Law, 2025

Listed, The Legal 500 United States, Industry Focus - Environment - Litigation, 2022

Selected to the Southern California Rising Stars list, 2015-2020