California Enacts Major Changes to CEQA and State Housing Laws
Governor Newsom recently signed two bills that include wide-ranging changes to the California Environmental Quality Act (CEQA) and notable amendments to state housing laws. This article summarizes these changes, which are effective now. The new laws will significantly change how public agencies, developers, and community groups engage with state and local permitting processes.
Update on Shute, Mihaly & Weinberger LLP’s Support of Law Firms Fighting Trump Executive Orders
Shute, Mihaly & Weinberger continues to support law firms that are pushing back against executive overreach by the Trump Administration. Since the firm’s initial support in April, multiple judges have ruled in favor of law firms and the rule of law.
Implementing Approaches After Attorney General Opined that Remote Meeting Accessibility is a Reasonable Accommodation for Public Officials With Disabilities
Last year, the state Office of the Attorney General released an opinion that paves the way for enhanced public meeting accessibility for individuals with disabilities who are members of local bodies covered by the Brown Act. This article discusses an approach that some cities are taking to implement their ADA obligations in light of the opinion.
Top Considerations for Property Acquisition by Public Agencies
When acquiring private property for public projects, public agencies must balance costs, construction timelines, and the legal rights and needs of owners and occupants. This article details some of the top considerations agencies should consider when acquiring property, with the goal of amicable resolution without the need for eminent domain litigation.
Objective Design Standards Take On New Importance Under State Law
Developing Objective Design Standards (ODS) is a critical tool in your planning and zoning toolbox. Creating ODS can sound daunting, but it need not be. We explain why they are necessary, useful, and how ODS can help your community enable the development it wants to see.
Addressing Code Obstructions to Off-Grid Development
Could existing regulations be stifling the potential for off-grid living in our communities? Although state law does not require developers to connect residential buildings to the electric grid, public agencies should consider whether their existing regulations unintentionally restrict off-grid development.
Where We Go From Here: Local and State Efforts to Decarbonize Buildings After California Restaurant Association v. City of Berkeley
After the Ninth Circuit found that federal law preempted the City of Berkeley’s natural gas ban, cities and counties around the State are crafting innovative measures to continue addressing the carbon emissions from buildings. Updated State building codes will also promote decarbonization efforts.
CEQA Administrative Records: Challenges and Considerations When Asserting Claims of Privilege
Public agency attorneys often find it challenging to determine whether a privilege or exemption forecloses the inclusion of certain materials in CEQA administrative records. This is especially so when evaluating whether the deliberative process exemption to the California Public Records Act applies. This article outlines considerations that agency attorneys should consider when making these determinations.
Update on Statewide November 2024 Ballot Measures
Californians once again showed a healthy appetite for using bond funding to address some of the state’s most pressing challenges, but they were selective in what they approved. Read about the outcomes of statewide ballot measures that were on the November ballot that had the potential to change the financial and regulatory landscape for public agencies.
San Francisco Faces Significant Penalties and Improvement Costs Due to Aging Sewer System
In May 2024, the U.S. EPA and San Francisco Regional Water Quality Control Board sued the City and County of San Francisco for violations of water quality laws stemming from operation of its sewer system. Other public agencies can learn from San Francisco’s situation and protect themselves from future financial liability by better understanding their water quality obligations.