Remote Meetings Under the Brown Act
Under the Brown Act, legislative bodies must conduct their business in open, public, and noticed meetings. Before COVID-19, decisionmakers, staff, and the public almost always attended meetings in person. Infrequently, public agencies invoked a narrow provision of the Brown Act to allow one or more members to “teleconference” into a meeting from a remote location, […]
Constitutional Limits to Abating Homeless Encampments, and Best Practices for a Cooperative Approach
California is home to nearly one-fourth of the nation’s unhoused population, and homelessness in California continues to rise. For example, according to the U.S. Dept. of Housing and Urban Development, from 2019 to 2022, California’s unhoused population increased from approximately 151,000 to 171,000. Of the 171,000 unhoused individuals counted in 2022, 67%, or 115,000 persons, […]
SMW Attorney Presents on Disaster Response to the Association of California Water Agencies
Severely eroded portion of the California Coastal Trail. All photos courtesy of City of Half Moon Bay. SMW attorney Catherine Engberg presented on the topic of disaster response to the Water Quality Committee of the Association of California Water Agencies (ACWA). The 2023 winter storms / atmospheric river severely impacted SMW client City of Half […]
Sara Clark Leads Panel Discussion at Yosemite Environmental Law Conference About Beneficial Fire
At the fall 2022 Environmental Law Conference, SMW partner Sara Clark moderated a panel titled “Restoring Beneficial Fire in California.” The conference, sponsored by the California Lawyers Association, is held every year at Yosemite National Park. Panel participants Lenya Quinn-Davidson, Craig Thomas, and Don Hankins discussed the history of fire exclusion in California and the […]
Vacant House Taxes: One Tool to Ease Housing Pressures
Housing affordability – whether buying or renting – remains a critical challenge for California cities and their residents. An April 2022 report from UC Berkeley’s Terner Center for Housing Innovation found that a record number of Californians are housing cost burdened. State housing cost burdens have surged over the last two decades, with home value […]
Homeless Encampments: Constitutional and Practical Concerns
Shute, Mihaly & Weinberger’s newest partner, René A. Ortega, gave a presentation this past month at the 2022 Hispanic National Bar Association Annual Convention in Washington, D.C. In his talk, titled “Homeless Encampments En Nuestras Comunidades: Navigating Constitutional and Practical Concerns,” Rene and his co-panelists, Mindy Mitchell of Homebase and Mandy Chapman Semple of Clutch […]
René Alejandro Ortega Joins Shute, Mihaly & Weinberger as New Partner
Shute, Mihaly & Weinberger is pleased to announce that René Alejandro Ortega has joined the firm as a new Partner. “We are so pleased to have René join us here at Shute, Mihaly,” said Richard S. Taylor, Shute, Mihaly & Weinberger’s managing partner. “With his expertise in municipal law, housing, land use, and litigation, Rene […]
Staying on Top of the Surplus Land Act – Practice Tips After Recent Updates
When local agencies sell or lease their surplus land to others, California’s Surplus Land Act (SLA) (Government Code sections 54220 to 24234) requires them to prioritize that land for affordable housing, open space, and school use. Agencies must let affordable housing developers, local park and recreation districts and departments, and school districts know that the […]
Planning for Environmental Justice: Implementing SB 1000
A Valuable Tool for Equity Due in part to a long history of unequal land use planning and discriminatory housing and industrial policies, communities of color and low-income communities bear a disproportionate burden of environmental harms. Large polluting industries tend to be sited in or near these communities, leading to higher rates of long-term health […]
SMW Attorney Teaches Land Use Law at UC Berkeley School of Law
SMW Partner Andrew Schwartz taught Land Use Law at UC Berkeley School of Law for the Spring Semester 2021-2022 and will repeat the class Spring Semester 2022-2023. Mr. Schwartz also teaches Land Use Law at Stanford Law School.