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
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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).)
Protected: SMW Defends the City of Lafayette in Complex Land Use Litigation
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Appellate Court Victory Protects Saratoga Residents From Community College’s Noisy Athletic Stadium
The firm wins an appellate court case for the City of Saratoga, requiring a school district’s athletic stadium to comply with the City’s zoning ordinance. (Saratoga v. West Valley-Mission Community College District (2002).)