Don’t Forget the Energy Implications of New Projects – CEQA Guidelines Appendix F
Photo credit: Kevin Dooley, Flickr, CC BY 2.0 Agencies have long relied on existing energy-reduction requirements in building codes, and on the beneficial side effects of reducing greenhouse gases, to demonstrate that a project’s energy use will not be wasteful or inefficient. That approach is no longer sufficient under CEQA, however, without an express assessment […]
Is Community Choice Aggregation the Right Choice for Your Community?
Community choice aggregation is surging in California. The Center for Climate Protection estimates that local governments representing over 17 million California customers are part of a community choice aggregator (CCA), scheduled to launch a CCA, or are actively considering one. Given this growing trend, communities that are not currently involved in a CCA effort may […]
Local Actions Can Help Spur Renewable Energy Growth in California Communities
As renewable energy prices drop and consumer interest grows, many local governments are wondering what they can do to help their residents and businesses reap the benefits of clean energy. Erica McConnell provides an overview of some of the options that local governments have to improve access to renewable energy for their residents and bring […]
Governor’s “By Right” Bill Threatens to Eliminate Local Control over Residential Development
When it returns from its recess, the California Legislature will consider Trailer Bill 707—a proposal by Governor Brown’s office to require “by right” approval of certain residential developments. As the bill would greatly limit local control over land use, its effects would be far reaching. Cities and counties should review the legislation and its implications […]
Tribal Consultation Under AB 52: An Overview and Tips for Compliance
With the implementation of Assembly Bill 52 (AB 52) last July, California welcomed a new chapter in the ongoing relationship between public agencies and Native American tribes. This new law recognizes California tribes’ expertise regarding cultural resources and provides a method for agencies to incorporate tribal knowledge into their CEQA environmental review and decision-making processes. […]
Help Public Agency Clients Avoid Inadvertent Disclosures
Public agencies breathed a collective sigh of relief following the California Supreme Court’s ruling in Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176. The Court found that public agencies do not waive exemptions when they inadvertently disclose confidential documents in response to a Public Records Act (PRA) request. But some mistakes are more easily cured than others. Given the practical limits […]
Firm Victory Clarifies Eminent Domain Rules
Shute, Mihaly & Weinberger won a significant victory for longtime client Sacramento Area Flood Control Agency (SAFCA) when the Third District Court of Appeal upheld a favorable eminent domain jury verdict in Sacramento Area Flood Control Agency v. Dhaliwal (2015) 236 Cal.App.4th 1315. The case was tried by the firm’s veteran trial attorney, Andrew Schwartz, and defended […]
Practical Tips for Updating Sign Ordinances Post-Reed v. Town of Gilbert
The dust is still settling from the Supreme Court’s 2015 ruling in Reed v. Town of Gilbert, AZ, 135 S.Ct. 2218 (2015), a case challenging the Town of Gilbert’s sign ordinance as a content based and unconstitutional regulation of speech. The Court sided with the challengers, a small church and its pastor, who had faced numerous regulatory […]