News & Information
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Fullerton Rejects Chevron’s Development Plans:
In June, after a thirty-year long battle, the City of Fullerton rejected Chevron’s proposal to build a 760-unit subdivision in the City’s last remaining large open space, which is home to nearly 130 wildlife species. On behalf of Friends of Coyote Hills, SMW submitted numerous comment letters on the project.
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Super Lawyers:
Clem Shute, Rachel Hooper, Fran Layton, Andrew Schwartz, and Robert “Perl” Perlmutter were recognized as Northern California Super Lawyers for 2010.
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Sierra Club Mother Lode Chapter Award:
In May, Rachel Hooper received the Sierra Club Mother Lode Chapter’s 2010 Outstanding Legal Representation Award. This award recognizes Ms. Hooper’s representation of the Club in successful litigation challenging the City of Stockton’s controversial water privatization project, and in negotiating a landmark settlement aimed at reducing GHG emissions in Stockton.
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Ninth Circuit Will Rehear Takings Case En Banc:
In Guggenheim v. City of Goleta, a 3-judge panel of the Ninth Circuit held that a mobile home rent control ordinance was a taking. Following the court’s grant of rehearing, Goleta retained SMW to represent the City in all appellate proceedings. An en banc panel of 11 judges heard oral argument on June 22, 2010.
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Top Land Use Achievement:
In 2009, the Sierra Club’s San Gorgonio Chapter and the San Bernardino Valley Audubon Society, represented by the firm, stopped an environmentally destructive highway project in Riverside County. Their success was recently recognized by Environment Now as Southern California’s top achievement for land use and smart growth for 2009.
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Partner Fran Layton Receives CCLT Award:
In March, SMW Partner Fran Layton was honored by the California Council of Land Trusts for her work on state legislation addressing the threat to state conservation lands from condemnation. The California legislation is now regarded as a model for legislation in other states.
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California Lawyer of the Year:
Based on her work opposing a bottling plant proposed by Nestle Waters of North America in the McCloud River watershed (see below), Rachel Hooper, a partner with the firm, received California Lawyer’s Attorney of the Year (CLAY) Award in March 2010.
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Stockton Climate Change Action Plan:
In January 2010, the Mother Lode Chapter of the Sierra Club, represented by the firm, received PCL’s David Gaines Award for Non-Profit Work for its role in the City of Stockton’s General Plan update process, including prompting the City to adopt a rigorous Climate Action Plan.
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Catherine Engberg Made Partner :
SMW is proud to announce that Catherine Engberg has been made a partner in the Firm effective January 1, 2010. For more information, see Ms. Engberg's biography.
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Mark Weinberger Trail Dedication:
In November 2009, the City of Livermore dedicated the Mark Weinberger Segment of the South Livermore trail system. Mr. Weinberger was instrumental in the adoption of the South Livermore Valley Specific Plan, which curbed urban sprawl and protected more than 4,200 acres of vineyards.
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SMW Honored as Women-Owned Business:
The San Francisco Business Times named SMW to its 2009 list of “Top 100 Women-Owned Businesses in the Bay Area.”
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Privatization Opponents Qualify Marin Referendum:
As reported in the New York Times, the California Healthy Communities Network, represented by the firm, gathered enough signatures in October to qualify its referendum of a privatization contract approved by the Novato Sanitary District.
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Nestle Withdraws Proposed Bottling Plant:
In September, Nestle Waters of North America abandoned its proposed McCloud River water bottling facility. The Protect Our Waters Coalition, including the firm's clients California Trout and Trout Unlimited, worked tirelessly to oppose the unfair contract terms and inadequate environmental analysis.
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Federal Funding Boosts San Francisco Transbay Program:
The Transbay Joint Powers Authority, a client of the firm, recently received commitments from the US Department of Transportation for a loan of $171 million and a high-speed rail stimulus grant of $400 million for construction of the new multi-modal Transbay Transit Center this Summer.
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Sacramento Levees and Mitigation:
The firm recently prevailed in two eminent domain trials to acquire property for the Sacramento Area Flood Control Agency’s project to improve the levees and preserve habitat for the Giant Garter Snake and Swainson’s Hawk in the Natomas Basin North of Sacramento.
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Latest Tri-Valley Conservancy Acquisition Links Protected Areas:
In August 2009, the firm’s client Tri-Valley Conservancy completed its $1.5 million purchase of 74 acres near Livermore protecting habitat for special status species, linking several trails, and providing a wildlife corridor for bobcats, deer and coyotes.
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Historic Alameda Theatre Renovation Lauded:
In May 2009, after 30 years of disuse and years of hard fought litigation defended by the firm, the newly renovated historic Alameda Theatre reopened to rave reviews. The San Francisco Chronicle reported that the theater renovation has served as a catalyst to revitalize the entire downtown.
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Lassen Forest Protected:
In May 2009, in a settlement reached in response to a CEQA suit filed by the firm on behalf of Friends of Lassen Forest, the County of Lassen rescinded its approval of an application by Sierra Pacific Industries to rezone over 5,000 acres of timber land for development.
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California Lawyers of the Year:
Based on their work on the Tejon Ranch conservation agreement (see below), Richard Taylor and Bill White, partners with the firm, received California Lawyer’s Attorney of the Year (CLAY) Award in March 2009.
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Super Lawyers:
Clem Shute, Rachel Hooper, Fran Layton, Andrew Schwartz, and Robert “Perl” Perlmutter were recognized as Northern California Super Lawyers for 2009. The San Francisco Business Times also selected Clem Shute as one of the Best Lawyers of the San Francisco Bay Area for 2009.
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Matthew Zinn Made Partner:
SMW is proud to announce that Matthew Zinn has been made a partner in the Firm effective January 1, 2009. For more information, see Mr. Zinn's biography.
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Toll Road Rejected:
In December 2008, the U.S. Commerce Secretary upheld the California Coastal Commission’s historic rejection of a proposed six-lane toll road through San Onofre State Beach, a victory for a coalition of major environmental groups represented by the firm.
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Protecting Prime Agricultural Land in San Luis Obispo County:
In December 2008, the firm prevailed in litigation to set aside a developer-sponsored initiative in San Luis Obispo County that would have allowed the development of 130 acres of prime farmland in violation of state law and the County’s General Plan.
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Extension of Open Space Protection in Napa County:
In November 2008, the voters of Napa County passed Measure P, a land use initiative drafted by the firm protecting important agricultural and open space lands through 2058.
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SMW Earns Green Business Certification:
In September 2008, SMW became a Green Business certified by the City and County of San Francisco.
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Opposition to Diversion of McCloud River for Water-Bottling:
In August 2008, in response to CEQA objections by the firm on behalf of California Trout, Inc. and Trout Unlimited, Nestle terminated its agreement with the McCloud Community Services District to purchase spring water from the McCloud River for its water-bottling operation.
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Historic Agreement to Protect Tejon Ranch:
In one of the largest conservation deals in California history, the firm represented a coalition of major environmental groups in negotiating the landmark Tejon Ranch Conservation and Land Use Agreement, preserving 240,000 acres (90%) of this ecologically significant property.
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Marin County General Plan Recognized for Sustainability:
SMW played a major role in the overhaul of the County of Marin’s General Plan, which helped the County earn the prestigious 2008 National Planning Excellence Award for Implementation from the American Planning Association.
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Protecting the Gateway to Mount Whitney:
In December 2007, the firm won a major victory on behalf of the Save Round Valley Alliance when the Court of Appeal ruled that Inyo County was wrong to approve a sprawling suburban-style subdivision near Whitney Portal without considering whether there was a better site for the development.
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Recent Presentations & Publications
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Conservation Easements Damaged by Wildfire:
On April 24, 2010 Andrew Schwartz spoke on remedies of conservation easement holders for damage caused by wildfires at the Wildland Fire Litigation Conference in Reno, Nevada.
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Land Trust Alliance National Teleconference:
Tamara Galanter spoke on April 8 at a National Teleconference for the Conservation Defense Network of the Land Trust Alliance regarding the California Solar Rights Act and its impact on conservation easement properties.
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California Land Trust Conference:
Tamara Galanter led a workshop at the annual California Land Trust Conference in March on how to prepare for and respond to the threat of condemnation of conservation properties.
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UC Berkeley Law Environmental Justice Symposium:
SMW sponsored the 6th Annual Environmental Justice Symposium: “Environmental Justice: Lawyers and Community Partnering for Change” featuring film and discussion on the vital intersection of grassroots social change, environmental protection, and civil and human rights on February 16 -20, 2010, in Berkeley.
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PCL Environmental Legislative Symposium:
SMW sponsored the annual Planning and Conservation League (PCL) and PCL Foundation (PCLF) Environmental Legislative Symposium - "Greening California's Landscapes: Smart Solutions for a New Era," on January 30, 2010 in Sacramento. For more information on the event click here.
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Trail Planning for California Communities:
Richard Taylor and Winter King are contributing authors of Trail Planning for California Communities just published by Solano Press Books. The book is a comprehensive guide to planning, designing, funding, building and maintaining trails in California. It includes information on trail easements, dedication requirements, environmental review and other legal considerations as well as a wealth of information on non-legal issues. For more information or to order the book, click here.
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Conservation Easement Conference:
Robert “Perl” Perlmutter spoke at the Grand Hyatt Hotel in San Francisco on November 17, 2009, at CLE International’s 3rd Annual Conference on Conservation Easements. For more information on the conference, click here.
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SB 375 and Climate Change Planning Presentation:
On October 30, 2009 Richard Taylor spoke on sustainable community strategies and recent legislation on climate change and local government planning at the Annual Conference of the Municipal Management Association of Northern California in Squaw Valley.
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Forest Protection Strategies Presentation:
On October 18, 2009 Rachel Hooper spoke on California forest protection strategies at the Sierra Nevada Alliance annual conference in Kings Beach. Click here for more information.
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Settlement Strategies Presentation:
On September 25, 2009 Richard Taylor spoke on creative settlements of land use controversies at the Law Seminars International Fifth Annual Comprehensive Workshop on the California Environmental Quality Act (CEQA) in Santa Monica. For more information click here.
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CLE CEQA Panels:
In September 2009, Robert “Perl” Perlmutter served as a panelist at CLE International’s 5th Annual California Environmental Quality Act (CEQA) Conference in both San Francisco and San Diego, providing practical tips regarding Biological and Cultural Resources Mitigation.
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American Planning Association Presentation:
Richard Taylor recently addressed the Sacramento Valley Section of the American Planning Association on the role of CEQA and state planning laws in achieving sustainability in a resource scarce environment.
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Regulatory Takings Presentation:
In March 2009, Andrew Schwartz delivered a presentation to the Law Seminars International Conference on Land Use in San Francisco on the state of regulatory takings law.
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Sierra Club Workshop:
In March 2009, Gabe Ross explained California law surrounding climate change at a workshop for environmental activists co-sponsored by the Angeles Chapter of the Sierra Club and Loyola Law School’s Environmental Law Society.
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Planning & Conservation League (PCL) Conference:
In February 2009, at the PCL annual conference in Sacramento, Catherine Engberg, Perl Perlmutter, and Richard Taylor addressed environmental activists, planners, and lawyers on responsible local land use planning and the historic Tejon Ranch conservation agreement.
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PCL CEQA Workshops:
In June, November and December 2008, SMW attorneys conducted day-long CEQA workshops in Sacramento, Bakersfield and Stockton.
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CEB Panel:
In September and October 2008, Perl Perlmutter and Ellen Garber delivered presentations in Los Angeles and San Francisco on “CEQA Practice: Critical Issues and Litigation Trends” sponsored by California Continuing Education of the Bar.
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Exactions Update:
Andrew Schwarz and co-author Ken Bley recently updated their chapter on exactions – development impact fees and real property dedications imposed to mitigate the impacts of development projects – in the Stat Bar’s treatise on Land Use. See CEB California Land Use Practice, Ch. 18, Exactions.
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Humboldt Land Use:
In May 2008 at the State Bar sponsored “Land Use: Where the Forest Meets the Sea” conference, the firm’s senior planner, Laurel Impett and managing partner Rachel Hooper led workshops on the effects of timberland conversions on wildlife, water quality, and local government services.