Transportation

Our detailed knowledge of general, specific and transportation plans—the building blocks of communities—ensures strategic thinking and appropriate implementation, paving the way for clients’ desired results for future capital projects, development and environmental reviews. Moreover, we spearhead an efficient plan-level review for broad-based planning documents so projects consistent with agency’s plans can be implemented without further environmental review.

Representative Matters

• P3 For $2 Billion Passenger Rail Infrastructure Project. In a precedent-setting undertaking, Facebook and infrastructure developer Plenary Group have jointly established a public-private partnership with the San Mateo County Transit District (SamTrans) to develop a massive transportation infrastructure project that will create a new commuter rail corridor between Silicon Valley and the East Bay. The project’s estimated cost is $2 billion. Meyers Nave serves as lead land use, environmental and CEQA/NEPA counsel to the private partner for the project, including advising on all local, state and federal permitting issues. The P3 project is a game-changing approach to creating commuting alternatives that help solve metropolitan area traffic congestion between residential neighborhoods and job centers. It will serve as a model for how the public and private sectors can partner on critical infrastructure projects.
• Burlington Northern Santa Fe Railroad (BNSF) – Southern California
  International Gateway (SCIG). Meyers Nave represents BNSF, the largest freight railroad network in the U.S., in seven consolidated lawsuits and related appeals challenging the company’s planned $700 million rail transfer facility on CEQA and other environmental impact and environmental justice grounds, as well as federal preemption issues. The Project will transform the process for moving imported shipping containers from the ports of Los Angeles and Long Beach to a new state‐of‐the art near‐dock rail yard, reducing regional air pollution and traffic by eliminating 1.3 million short-haul truck trips per year. We also are advising BNSF on partnering with the California High‐Speed Rail Authority for CEQA and NEPA review of a project to redevelop existing rail corridors, in coordination with multiple jurisdictions, to operate high‐speed passenger service on a segment of BNSF‐owned track from Los Angeles Union Station to Anaheim Regional Transportation Intermodal Center.
• Santa Clara Valley Transportation Authority (VTA). Since 2011, Meyers Nave has assisted VTA on land use and environmental matters for implementation of long-range plans to expand public rail transit into the South Bay and Silicon Valley, including bringing BART from Fremont through San Jose to Santa Clara. Our work on this multi-phased, six-station project, which runs through several local jurisdictions, spans the CEQA and NEPA process (from review of plans through litigation and appeals), Section 404 permitting, and coordination with FTA and other local, state and federal agencies. We also have advised VTA on projects such as the Eastridge to BART Connector/ Capitol Expressway Light Rail and a 3-mile extension of an elevated transit line, where we worked with the Federal Transit Administration (FTA) on NEPA review and project funding issues.
• Port of Los Angeles (POLA). Meyers Nave’s extensive service to the Port of Los Angeles includes advising on multiple long-term planning projects, including the Port Master Plan Update. We have represented the Port in several major CEQA cases in both the trial and appellate courts and have an outstanding track record of litigation victories since we began our representation. Meyers Nave currently serves as lead outside counsel in connection with environmental compliance and land use permitting for multiple large-scale cargo, shipping and transportation projects for container terminals and dockside intermodal railyards. We have reviewed major project EIRs and EISs for CEQA and NEPA compliance. All shipping terminal projects we advise on also involve regional and local air quality concerns due to emissions from shipping, on‐dock vehicles, and train and truck traffic.  Our work includes the (1) Pacific L.A. Marine Terminal, Tank Farms, and Pipelines Project, (2) Berths 302-206 (APL) Container Terminal Project, (3) Berths 97-109 (China Shipping) Container Terminal Project, (4) Clean Trucks Program, (5) Trapac Container Terminal Project, and (6) Ultramar Inc. (Valero) Marine Terminal Lease Renewal Project.
• Metrolink (Southern California Regional Rail Authority). Meyers Nave is advising the Southern California Regional Rail Authority (Metrolink) on CEQA compliance and environmental review for a variety of new or expanded commuter rail facilities. We are also representing Metrolink in responding to an order from the California Regional Water Quality Control Board, Los Angeles Region, regarding the dewatering system at Tunnel 26 near Chatsworth, California – cutting-edge legal work concerning a previously unregulated activity. Meyers Nave is also advising Metrolink in a groundbreaking assessment of air quality emissions from its Central Maintenance Facility in Los Angeles, and in adoption of measures to lessen those emissions and their impacts, in response to concerns expressed by the surrounding urban community.
• Los Angeles Streetcar Inc. (LASI). Meyers Nave serves as General Counsel for the non-profit public-private partnership promoting a modern streetcar system in downtown Los Angeles. LASI oversees the development, fundraising, planning, environmental review, engineering and outreach for the project. Our role includes oversight of the CEQA and NEPA review processes, including coordination of extensive public outreach efforts that were critical to avoiding litigation challenges. We also advise the client on all regulatory compliance issues, including coordination with FTA, CPUC and other state, federal and local agencies. In addition, we have been heavily involved in project funding efforts, including creation of a special tax district to generate a new capital funding source, pursuing federal funding opportunities under FTA oversight, working with city and county officials to secure both capital and long-term operational funding, and establishing opportunities for public-private partnerships to invest in and/or deliver the Streetcar project.
• Los Angeles International Airport Planning, Expansion and Modernization. For more than a decade, Meyers Nave has served as counsel in connection with development and implementation of the Los Angeles International Airport Master Plan, a $13 billion expansion of one of the world’s busiest airports, including defending the Master Plan against four consolidated lawsuits alleging NEPA, CEQA and California Coastal Act violations. We have also worked with CARB and SCAQMD and advised on state and federal regulatory and permitting requirements under the Clean Air Act and California’s State Implementation Plan. Meyers Nave continues to assist with environmental review and implementation of projects tiered from the Master Plan, including the South Airfield Improvement Project, Northside Plan Update, and Tom Bradley International Terminal Reconfiguration Project, all of which require coordination with federal, state, and regional agencies, including the Federal Aviation Administration, California Air Resources Board, South Coast Air Quality Management District, California State Water Resources Control Board, and the Los Angeles Regional Water Quality Control Board. Meyers Nave also advises on CEQA and NEPA review of the Airfield and Terminal Modernization Program, which includes airfield enhancements, new terminal facilities, and an improved system of roadways leading to the central terminal. Meyers Nave also advises on the development of plans to modernize air cargo facilities along the Century Boulevard corridor. We also provide LAWA with advice on operations that involve diesel-fueled equipment, mobile sources of emissions, and enforcement issues, as well as legal analysis with respect to regulation of taxis to meet emission requirements focusing on SCAQMD’s jurisdiction.
• California High‐Speed Rail. Meyers Nave is advising BNSF on partnering with the California High‐Speed Rail Authority for CEQA and NEPA review of a project to redevelop existing rail corridors, in coordination with multiple jurisdictions, to operate high‐speed passenger service on a segment of BNSF‐owned track from Los Angeles Union Station to Anaheim Regional Transportation Intermodal Center. The project includes coordinated NEPA and Section 404 consultation with the Federal Railroad Administration and the U.S. Army Corps of Engineers.
• BART Cooperative Agreement, City of South San Francisco. Negotiated a cooperative agreement between the City of South San Francisco and BART related to the South San Francisco BART Station and the use of BART/SamTrans right-of-way for a linear park above the underground transit system. The League of California Cities awarded the linear park, known as Centennial Way, the 2010 Helen Putnam Award.
• The Boring Company Tunnel/City of Los Angeles. Meyers Nave defended the City’s decision to permit construction of an initial test track for the underground transportation tunnels proposed by Elon Musk. Neighborhood groups sued, arguing that because the test tunnel could be part of a larger transportation network beneath the entire city, a full environmental review was required. Meyers Nave facilitated an expedited settlement that allowed The Boring Company to proceed with developing new projects using their novel transportation technology.