As a longstanding CEQA instructor for California’s Continuing Judicial Studies Program, Ms. Sohagi has the unique opportunity to instruct Superior Court judges, appellate justices and court attorneys. Her land use and environmental law expertise, and ability to keep public agencies informed about the latest legal developments and trends, is also demonstrated through her frequent planning and legal conference presentations, extensive UCLA and USC teaching experience, and publications such as the Solano Press book Exactions and Impact Fees in California. Ms. Sohagi’s prior career as a city planner gives her invaluable insight into the intricacies of complex project development and review.
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Southern California International Gateway (SCIG) and Subsequent Litigation
Extensive legal oversight and review on numerous Environmental Impact Statement/Environmental Impact Reports (EIS/EIRs) and multiple related legal opinions for projects at the Port of Los Angeles. Ms. Sohagi was instrumental in negotiating acceptable mitigation measures with environmental and community groups active in that Port of Los Angeles area and negotiating a Memorandum of Understanding with the California Attorney General’s Office related to climate change for over a dozen, large-scale expansion and redesign projects on the Port of Los Angeles property. Currently, we are providing legal advice and litigation support to the Port related to the Southern California International Gateway Project (SCIG) EIR, which involves creation of a near-dock intermodal rail facility.
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SANDAG)
Regional Transportation Plan/Sustainable Communities Strategies
Ms. Sohagi has served as SANDAG’s CEQA and land use counsel since the late 1980s. Ms. Sohagi provided in depth legal advice to SANDAG’s project team and Board on two previous RTP/SCSs and their EIRs: the 2015 Regional Plan adopted in 2015, and the 2011 RTP/SCS. The Firm is currently providing similar services for the next update to the 2015 Regional Plan. For all three assignments, the Ms. Sohagi was closely involved in all steps of plan and EIR preparation, review, and adoption.
Ms. Sohagi collaborated effectively with SANDAG staff, SANDAG leadership, and consultants, and provided constructive input on early plan and EIR deliverables (e.g., memoranda on technical methodologies, significance criteria, and mitigation measures). Ms. Sohagi also played a key role in drafting language for plan and EIR sections, responses to Draft EIR comments, and decision documents, including EIR certification and project approval resolutions, CEQA findings, statements of overriding considerations, and mitigation monitoring and reporting programs.
We also prepared highly detailed analyses of how the RTP/SCSs met all applicable legal requirements of transportation planning and environmental laws and regulations. We recommended changes to planning documents, e.g., SCS documentation, to assure compliance.
CITY OF LOS ANGELES, LOS ANGELES WORLD AIRPORTS
LAX Landside Access Modernization Program EIR and Subsequent Litigation
As part of our long-standing role as special CEQA Counsel to Los Angeles World Airports (LAWA), we reviewed the planning documents and associated EIR for the Los Angeles International Airport (LAX) Landside Access Modernization Program (LAMP), a multi-billion-dollar update to the ground transportation system at LAX, with an emphasis on providing alternative modes of transportation for accessing LAX. The project includes an Automated People Mover (an elevated and grade separated train system) designed to connect to (1) Metro’s 96th Street Connector Project and Green line extension, (2) Intermodal Transportation Facilities, and (3) a new Consolidated Rental Car facility. After the City certified the EIR in June 2017, a local parking shuttle operator challenged the certification on CEQA grounds. The Firm is currently representing the City and LAWA in this ongoing challenge.
Cleveland National Forest Foundation, et al. v. San Diego Association of Governments
(2017)3 Cal.5th 497
Defended SANDAG in the litigation related to the EIR on the first Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) in the state pursuant to SB 375. A decisive victory at the Supreme Court holding that an EIR is not required to explicitly address a Governor’s executive order, which set overall greenhouse gas emissions reduction targets, as a measure of significance or adopt the target as a goal.
Alliance for a Regional Solution to Airport Congestion, et al. v. City of Los Angeles (LAWA/SPAS)
(2013) Ventura County Superior Court Case No. 56-2014-00451038-CU-WM-OXN; Court of Appeal, Second District, Division Six Case No. B272457
Successful defense of the City and LAWA at the superior court level in three consolidated cases, originally involving six petitioners, in CEQA challenges to the approval of the Specific Plan Amendment Study (SPAS) project at Los Angeles International Airport (LAX). (One petitioner, SEIU labor union, dismissed without prejudice.)
Friends of Lacy Historic Neighborhood v. City of Santa Ana
(2010) Orange County Superior Court Case No. 30-2010-00388033-CU-WM-CXC (Settled before trial)
Defense of Transit Zoning Code and affordable development project within redevelopment area and related EIR. Negotiated settlement agreement that allowed development of the project and reuse of existing homes for affordable housing.
The Open Monterey Project v. Monterey County, et al.; Landwatch Monterey County v. County of Monterey
(2010) Monterey County Superior Court Nos. M109441 and M109434
Defense of the County against two separate challenges to the County’s General Plan Update and General Plan EIR. The case involves CEQA and Government Code challenges.
The Firm assisted in the successful settlement of two other challenges to the County’s General Plan Update and EIR: Carmel Valley Association v. County of Monterey, et al. (2010) Monterey County Superior Court Case No. M109442; and Salinas Valley Water Coalition & Monterey County Farm Bureau v. County of Monterey, et al. Monterey County Superior Court Case No. M109451.
Conquest Student Housing, LLC v. City of Los Angeles
(2008) Los Angeles Superior Court BS108488
Obtained successful settlement of a challenge to the EIR prepared by the City of Los Angeles’ Community Redevelopment Agency for the University Gateway Project, a mixed-use student housing project adjacent to the University of Southern California.
Citizens for Quality of Life v. City of Encinitas
(2008) San Diego County Superior Court Case No. 37-2008-00100864-CU-WM-NC.
After providing legal review of the City’s EIR for a 44-acre sports park, the Firm successfully defended the City against a CEQA challenge.
Regents of University of California v. East Bay Mun. Utility Dist.
(2005) 130 Cal.App.4th 1361
Represented East Bay Municipal Utility District (EBMUD) in the Regents lawsuit for refund of allegedly excessive yearly water service charge. Cert. denied.
Rincon Del Diablo Mun. Water Dist. v. San Diego County Water Authority
(2004) 121 Cal.App.4th 813
Successfully defended the water authority through summary judgment in a challenge by some of its members relating to water rates.
Utility Cost Management v. East Bay Municipal Utility District
(2000) 79 Cal.App.4th 1242
Successfully defended challenge to East Bay Municipal Utility District’s rates and charges.
Garat v. City of Riverside
(1991) 2 Cal.App.4th 259
Successfully defended the City of Riverside in an appeal of trial court decision concerning initiative growth control measure and adequacy of Riverside general plan.