David Miller

David Miller

David Miller is a member of the Firm’s Environment and Land Use and Eminent Domain and Valuation Practice Groups. As a former Nossaman summer associate, Mr. Miller has assisted attorneys in challenging federal agency actions for violations of the Endangered Species Act. He also has experience drafting legal memoranda for clients on topics such as bond requirements for solar projects and local agencies’ imposition of development impact fees.

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, where he drafted orders and reviewed motions, pleadings, and memoranda. 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.

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U.S. Fish and Wildlife Service Seeking Comments on Mitigation Policies

The U.S. Fish and Wildlife Service (Service) has requested (pdf) public comment on its revised Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP). The U.S. Department of the Interior previously noted that the Service would be seeking comments on the two policies when it issued its report entitled “Review of the Department … Continue Reading

National Marine Fisheries Service Declines to List Pacific Bluefin Tuna

On August 9, 2017, the National Marine Fisheries Service (NMFS) issued a 12-month finding on a petition to list the Pacific bluefin tuna (Thunnus orientalis) as an endangered or threatened species under the Endangered Species Act (ESA), concluding that listing at this time is not warranted.  NMFS determined that the species is not endangered throughout all or a … Continue Reading

National Marine Fisheries Service Proposes Revised Guidance for Recovery Plans

On May 31, 2017, the National Marine Fisheries Service (NMFS) issued (pdf) proposed revised guidance for the development of recovery plans as required by the Endangered Species Act (ESA).  The proposal is aimed at prioritizing limited agency resources to advance the recovery of threatened and endangered species.  According to NMFS, this prioritization would be accomplished … Continue Reading

Tenth Circuit Court of Appeals Reinstates Special Rule Regulating Take of Utah Prairie Dog

On March 29, 2017, the U.S. Court of Appeals for the Tenth Circuit held (PDF) that Congress has authority under the Commerce Clause to regulate the take of the Utah prairie dog (Cynomys parvidens).  Because Congress has this authority, it could authorize the U.S. Fish and Wildlife Service (Service) to do the same. The Utah … Continue Reading

Endangered Species Act Case Roundup

Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California.  The two cases address: (1) the interplay between the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Endangered Species Act (ESA) and (2) the use of the deliberative process … Continue Reading

National Marine Fisheries Service Concludes Iliamna Lake Harbor Seals Are Not Distinct Population, Denies Endangered Species Act Protections

The National Marine Fisheries Service (NMFS) recently completed its review of the status of eastern North Pacific harbor seals (Phoca vitulina richardii) in Iliamna Lake, Alaska, a large freshwater lake in Alaska connected to the Bristol Bay region of the Bering Sea.  NMFS concluded (pdf) that the seals do not constitute a species, subspecies, or … Continue Reading

U.S. Fish and Wildlife Service and National Marine Fisheries Service Revise Endangered Species Act Petition Process

On September 27, 2016, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Agencies) published a final rule (pdf) that revises the regulations governing the Endangered Species Act’s (ESA) petition process.  According to the Agencies, the revisions are intended to improve the content and specificity of petitions and enhance the efficiency and effectiveness … Continue Reading

U.S. Fish and Wildlife Service Delists Three Fox Species and Reclassifies One Other

The U.S. Fish and Wildlife Service (Service) published a final rule (pdf) removing the San Miguel Island fox (Urocyon littoralis littoralis), Santa Rosa Island fox (U. l. santarosae), and Santa Cruz Island fox (U. l. santacruzae) from the Federal List of Endangered and Threatened Wildlife under the Endangered Species Act (ESA).  The Service also reclassified … Continue Reading

U.S. Fish and Wildlife Service Increases Civil Penalties

The U.S. Fish and Wildlife Service (Service) published an interim rule (pdf) revising its civil procedure regulations for the assessment of civil penalties for violations of various laws and regulations within the Service’s jurisdiction.  The Service issued the revised procedures pursuant to the Federal Civil Penalties Inflation Adjustment Act of 2015, which requires agencies to update … Continue Reading
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