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Nossaman LLP

David J. Miller

Associate

T 949.477.7638
F 949.833.7878
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612

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, the California Planning and Zoning Law, the California Subdivision Map Act, the California Coastal 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, and environmental planning and litigation.  He has also assisted 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.

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.

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.

Representative Work

  • 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 proposed South Mountain Freeway Project.  Part of team representing the Arizona Department of Transportation successful defense of the 20-mile Project against NEPA and Section 4(f) challenges.  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).
  • Orange County Transportation Corridor Agencies.  Provide environmental compliance and strategy recommendations for the Tesoro Extension Project (SR 241).  Counsel on key issues, including CEQA, NEPA, transportation planning, wetlands, and water quality issues.  Part of the team handling 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.  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.

Awards & Honors

Named a Super Lawyers "Southern California Rising Star" in 2015 - 2017 by Los Angeles magazine.

David J. Miller
David J. Miller

Practices

Education

J.D., Georgetown University Law Center, 2010, cum laude

B.A., Claremont McKenna College, 2005

Admissions

California

U.S. Court of Appeals, Ninth Circuit

U.S. District Court, Central District of CA

Professional Affiliations

American Bar Association
Orange County Bar Association
Urban Land Institute

Awards & Honors

Named a Super Lawyers "Southern California Rising Star" in 2015 - 2017 by Los Angeles magazine.

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