James E. Pugh

James E. Pugh is an associate in the Real Estate, Land Use and Environmental Practice Group in the firm's Los Angeles office.

Areas of Practice

Mr. Pugh's practice focuses on California environmental laws, entitlement procedures, land use planning and regulatory permitting.  He advises clients regarding all aspects of California Environmental Quality Act (CEQA) compliance, complex entitlement processing for real estate development and permit issuance at state and federal regulatory agencies.  He routinely counsels clients regarding general and specific plans and a variety of other land use and zoning matters.  He also advises clients regarding compliance with the Coastal Act, Clean Water Act, Endangered Species Act, Mitigation Fee Act, Subdivision Map Act, Williamson Act, climate change and historic preservation policies.  He has successfully represented clients before administrative and judicial bodies on a wide variety of land use matters.  In addition, James specializes in providing due diligence for land acquisitions, ensuring environmental document defensibility and navigating the complex legal framework surrounding residential and mixed-used development.

Prior to joining Sheppard, Mullin, Richter & Hampton LLP, he worked as General Counsel for an environmental consulting company where he focused primarily on advising the company and its clients regarding compliance with environmental and land use laws.  In this capacity, James also gained valuable experience in corporate matters such as negotiating commercial lease agreements, resolving contract disputes, forming strategic business alliances and counseling executive management.

Education

• J.D., University of the Pacific McGeorge School of Law, 1999
• B.A., University of California, Irvine, 1995, cum Laude

Representative Matters

American Premiere Homes.  Assisted client in negotiations with California Department of Fish and Game regarding incidental take permits required for residential development. Developed implementation agreement with land preservation committee for mitigation land exchange.

Building Industry Association (“BIA”).  Advised BIA and its builder members regarding development impact fees under the Mitigation Fee Act. Analyzed legal adequacy of development fee nexus studies, negotiation with city council members and represented BIA in administrative and judicial hearings.

Foothill-Eastern Transportation Corridor Agency (“TCA”). Provided CEQA and NEPA counseling for the Southern Orange County Transportation Improvement Project which addressed key issues including endangered species, wetlands, water quality, air quality, archaeological and Native American sites, coastal zone issues, growth inducement and cumulative impacts. Drafted state Findings of Fact and federal Record of Decision for final approval of EIR/EIS.

Highland Fairview Properties.  Assisted client with land plan design for complex master planned community. Assisted with EIR design and strategy for large phased-development project to facilitate timely entitlements, certification and permitting.

The Irvine Company.  Assisted client with developing strategy and approach to create defensible environmental documentation for large mixed-use master planned community. Engaged in management of CEQA practitioners, adequacy review of technical reports, creation of entitlement strategies and preemptive EIR litigation safeguards.

The Town of Mammoth Lakes.  Prepared due diligence reports for development projects. Advised client regarding adequacy and applicability of previously certified EIR/EIS for airport expansion plans. Managed environmental documentation and CEQA team efforts for resort development.

Tustin Legacy Community Partners (Centex Homes & Shea Homes). Counseled client regarding CEQA compliance strategy and regulations for the Marine Corps Air Station (MCAS), Tustin Legacy master planned community, which included key issues such as water supply, surface water quality, transportation and air quality impacts.

Memberships

• Member, American Bar Association
• Member, California State Bar Association, Environmental Law Section
• Member, Los Angeles Bar Association, Environmental Law Section
• Member, Orange County Bar Association, Environmental Law Section
• President, Board of Directors, Association of Environmental Professionals
• Charter Member, Board of Directors, Association of Surfing Lawyers
• Member, Urban Land Institute

Speeches

• Speaker, “Advanced Zoning; Land Use For California,” Lorman Education Services, Palm Desert, CA , September 15, 2006.
• Speaker, “Comparative Analysis of Environmental and Land Use Laws of California & Mexico,” Continuing Legal Education, Ensenada, Mexico, October 2004.