Quiet Title 101: What Public Agencies Need to Know
Public agencies often hold property with complicated title histories and defects tend to surface at the worst possible moment. This article covers when quiet title litigation becomes necessary, what the process requires, and where it goes wrong, with practical guidance based on the experience of Shute, Mihaly & Weinberger attorneys.
SMW Client San Francisco Baykeeper Challenges SF Bay Sand Mining Leases
Sand might not be the first thing that comes to mind when you think about finite natural resources. But the sand beneath San Francisco Bay is exactly that: a public resource that took thousands, even millions of years to form, and one we are extracting far faster than nature can replenish. This is a problem […]
Five SMW Attorneys Earn 2026 CLAY Awards for Landmark CEQA Litigation Win
A team of five Shute, Mihaly & Weinberger attorneys have won “California Lawyer Attorney of the Year” (CLAY) Awards from The Daily Journal for their work on a decade-long CEQA (California Environmental Quality Act) case in Kern County. The CLAY Awards went to Rachel B. Hooper, Kevin P. Bundy, Susannah T. French, Tori B. Gibbons, […]
SMW Attorney Updates Land Use Law Treatise
Andrew Schwartz and his co-author updated their chapter on Exactions in the California Land Use Practice treatise published by the California Continuing Education of the Bar.
SMW Attorneys Revise and Update Environmental Law Treatise
Matthew Zinn and Andrew Schwartz, partners at SMW, with the assistance of associate attorneys Ben Gonzalez and Orran Balagopalan, revised and updated the Takings Chapter of California Environmental Law and Land Use Law, a treatise co-edited by Loyola Law Professor and SMW Of Counsel Dan Selmi.
Settlement Over Raising Cane’s Drive-Thru Will Protect Elementary Students
SMW attorneys successfully represented a community group in blocking construction of a drive-thru restaurant right across the street from a school in Brea, California. The plaintiffs, a group of staff and volunteers at Laurel Elementary School, were concerned that increased traffic and long lines of cars outside a new Raising Cane’s drive-thru restaurant would pose […]
SMW Attorney Teaches Land Use Law at Stanford Law School
SMW partner Andrew Schwartz is once again teaching Land Use Law at Stanford Law School for the fall quarter 2021-2022. The course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including the tools and historical/legal foundation of modern land use law; zoning and General Plans; the process of land development; affordable housing; growth […]
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 […]
Refinery Shifts from Petroleum to Renewable Fuels
In 2016 the firm successfully represents Rodeo residents in opposing the expansion of the Phillips 66 refinery for failure to adequately evaluate and mitigate the air quality impacts of the project. (Rodeo Citizens Ass’n. v. Contra Costa County.) In 2020, Phillips 66 announces plans to shift production away from petroleum products to renewable fuels.
Innovative Clean Fleet Rules Upheld
From the district court to the U.S. Supreme Court, the firm defends the South Coast Air Quality Management District’s innovative “Clean Fleet Rules” against a challenge by industry. SCAQMD ultimately wins a final judgment that upholds the bulk of the rules. (Engine Mfrs. Assn. v. SCAQMD, 541 U.S. 246 (2004); 498 F.4d 1031 (9th Cir. […]