5 Considerations for Preparation of Administrative Records
The administrative record is the heart of any administrative mandamus proceeding, including under the California Environmental Quality Act (CEQA). Because the administrative record generally comprises the entire universe of evidence, the contents of the record are critical. Accordingly, the California Court of Appeal, Fourth District’s recent decision in Golden Door Properties, LLC v. Superior Court […]
Using Solar & Energy Storage To Build Resilient Communities
In the late summer and fall in recent years, the power has been going out more often in California. Utilities are turning off residents’ power preemptively in unprecedented numbers. Energy storage systems owned by residents and public agencies, including those that are paired with solar generators, have the ability to safely provide power when the […]
Defending Agricultural Land Against Sprawl
The firm wins a victory in the court of appeal under the Subdivision Map Act. The court invalidates the approval of the Hoskings Ranch project, a luxury development disguised as an agricultural project in rural San Diego County. (Cleveland National Forest Foundation v. County of San Diego, 37 Cal.App.5th 1021 (2019).)
Truckee Workforce Housing Support
The firm assists the Martis Fund in an innovative 2019 grant supporting development of 77 units of affordable housing in Truckee.
SMW Drafts State Legislation to Facilitate Land Conservation and Restoration
Photo Credit: West Marin Environmental Action Committee from “Parks Are For Everyone” In 2019 the firm drafts and helps secure passage of state legislation enabling public agencies to acquire threatened lands and prepare an environmental review for restoration efforts after first protecting the land from development.
Limits on Lead and Cadmium in Chocolate
In 2018, on behalf of As You Sow, the firm settles its Proposition 65 case against the leading chocolate companies over lead and cadmium in chocolate products. The settlement establishes limits on the amount of lead and cadmium in these products and convened an expert panel to identify methods for reducing these levels.
Land Exchange Agreement Allows Pier 70 Project to Move Forward
Representing the Port of San Francisco, SMW in 2018 successfully negotiates an agreement with the state for a trust land exchange to allow for the rehabilitation of historic industrial buildings and the development of a new urban neighborhood on the city’s waterfront. The firm drafted the state legislation authorizing the exchange (AB 418).
SMW Thwarts Developer Attempt to Circumvent General Plan Policies for Historic Town Center
On behalf of Save Our Historic Town Center, the firm successfully challenges a massive development in the heart of downtown San Juan Capistrano that is flatly inconsistent with the City’s general plan policies for that historic area. (Save Our Historic Town Center v. City of San Juan Capistrano (2016).)
Legislation Passes Authorizing Mission Rock Project on Giants Parking Lot Site
In 2016 the state legislature enacts legislation (AB 2797), drafted by the firm for the Port of San Francisco, authorizing the development of the Mission Rock project on the site of a surface parking lot. The project includes 40% affordable housing and a five-acre waterfront park on China Basin Park.
Court Overturns End-Run to Subdivision Map Act
The firm prevails in the court of appeal in a case of first impression challenging Contra Costa County’s approval of a subdivision on agricultural land adjacent to Marsh Creek State Park without Subdivision Map Act compliance. (Save Mount Diablo v. Contra Costa County, 240 Cal.App.4th 1368 (2015).)