SMW Defends Ability Of NGOs to Enforce Clean Water Act
The firm obtains a ruling from the Ninth Circuit holding that an environmental organization gave adequate notice of its intent to sue under the Clean Water Act. (Waterkeepers Northern Cal. v. AG Industrial Manufacturing, Inc. (2004).)
Court Upholds Lake Tahoe Scenic Regulations
Representing the Tahoe Regional Planning Agency, the firm secures a federal court victory in a regulatory takings challenge to TRPA’s scenic regulations that apply to development on Lake Tahoe. (Committee for Reasonable Regulation of Lake Tahoe v. TRPA, 311 F.Supp.2d 972 (2004).)
Acquisition of Property for Transit Oriented Development
The firm represents the Transbay Joint Powers Agency in the acquisition of 26 properties for the Transbay Transit Center project over ten years starting in 2005, including 13 eminent domain actions.
Ninth Circuit Rules that EPA’s Waiver Decision Violates the Clean Air Act
Representing intervenor South Coast Air Quality Management District, the firm joins California Air Resources Board’s challenge to the Environmental Protection Agency’s denial of California’s request for a waiver. The Ninth Circuit holds that EPA’s action violated the Clean Air Act. (Gray Davis v. U.S. EPA, 348 F.3d 772 (9th Cir. 2003).)
SMW Litigation Results in Funding for Open Space in Truckee Area
After prevailing in litigation challenging the “Old Greenwood” development in the Town of Truckee, the firm in 2003 helps Mountain Area Preservation negotiate a settlement that results in significant funding for open space in the Truckee area.
Court Halts Unnecessary Roadway Expansion in Rural Ventura County
The firm prevails in a CEQA challenge to a roadway expansion that would have transformed the Town of Somis in rural Ventura County. Caltrans then agrees to a modest project alternative proposed by the firm’s traffic expert. (Save Our Somis v. Caltrans (2003).)
Protected: Lake Tahoe Development Moratorium Upheld
There is no excerpt because this is a protected post.
Relaxed CEQA Guidelines Rejected
In a groundbreaking appellate decision in a case brought by the firm, the appellate court overturns new CEQA guidelines adopted by the Wilson administration that would have weakened environmental review requirements across the state. (Communities for a Better Environment v. Cal. Resources Agency, 103 Cal.App.4th 98 (2002).)
SMW Negotiates Closure of Polluting Facility
The firm negotiates a settlement of a Clean Water Act case against Ultramar, requiring the operator of a petroleum-coke loading facility in Pittsburg to close its operations or install state-of-the-art technology. (S.F. BayKeeper v. Ultramar, Inc. (2002).)
SMW Stops Tosco from Evading Liability By Selling Polluting Facility
The firm obtains a Ninth Circuit ruling that Tosco Corporation cannot escape liability for decades of pollution from its petroleum-coke loading plant in Pittsburg by selling that facility during litigation. (San Francisco BayKeeper, Inc. v. Tosco Corporation, 309 F.3d 1153 (9th Cir. 2002).)