SMW Protects General Plans and Referendum Power in California Supreme Court
The firm prevails in a landmark case before the California Supreme Court that upholds the people’s right of referendum and confirms the primacy of the city’s General Plan. (Orange Citizens for Parks & Recreation v. Superior Court, 2 Cal.5th 141 (2016).)
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).)
Recognition for a Supreme Court Victory
SMW partner Kevin Bundy receives the California Lawyer’s Attorney of the Year (CLAY) Award for his role, while at the Center for Biological Diversity, in obtaining a decision from the California Supreme Court overturning the greenhouse gas analysis for the Newhall Ranch project in L.A. County. (Center for Biological Diversity v. Cal. Dept. of Fish […]
Greenhouse Gas Emission Thresholds Upheld
The firm defends the Bay Area Air Quality Management District in litigation challenging its CEQA thresholds of significance. After a ruling of the California Supreme Court, the majority of the thresholds are upheld. (California Building Industry Assn. v. BAAQMD, 62 Cal.4th 369 (2015).)
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).)
Jury Finds in Favor of TJPA
The firm wins a victory on behalf of the Transbay Joint Powers Agency in an eminent domain jury trial to acquire a five-story office building to be demolished for the Transit Center, bus ramp, and rail tunnel. (City and County of San Francisco v. 564 Howard Street (2015).) Rendering by Pelli Clarke Pelli Architects, courtesy […]
Appellate Court Invalidates Ordinance Streamlining Oil Drilling in Kern County
The firm prevails in the court of appeal in a CEQA challenge to a Kern County ordinance, adopted in 2015, that would have streamlined the permitting of 72,000 new oil wells throughout the County including near low-income communities. The court directs that the approval of the ordinance be rescinded. (King and Gardiner Farms, LLC. v. […]
Columbia State Historic Park Protected From Mine Expansion
In response to litigation by the firm, Tuolumne County agrees to rescind its approval of the expansion of a limestone mine near Columbia State Historic Park and to prepare an environmental impact report for the project. (Central Sierra Env’l Resource Ctr. v. Tuolumne County (2014).)
Victory for Environmental Justice in Southern California
The firm successfully defends the South Coast Air Quality Management District’s regulation of airborne arsenic and other toxic air pollutants against a challenge by a lead acid battery recycling facility in a predominantly low-income, Latino neighborhood in Vernon, California. Following the firm’s victory in Los Angeles Superior Court, the facility shuts down in 2015. (Exide […]
SMW Litigation Stops Massive Resort on Dyer Mountain
After years of litigation by the firm on behalf of the Mountain Meadows Conservancy, Sierra Watch and the Sierra Club, the developer of a large ski resort on Dyer Mountain in rural Lassen County abandons the project. The Lassen County Board of Supervisors then rescinds the project approvals. (Mountain Meadows Conservancy et al. v. Lassen […]