Proposition 45: What Public Agencies Need to Know
This November, California voters will consider Proposition 45, a ballot measure that would overhaul the California Environmental Quality Act for a broad range of projects. This article summarizes what agencies need to know about the 41-page ballot measure.
Don’t Let Disaster Shake Your Community: Tips for Emergency Preparedness
Disaster can strike any community at any time, but preparing ahead of time can save lives and accelerate recovery. This fall, observe the anniversary of the Loma Prieta earthquake in October by reviewing (or creating) an emergency operations plan. This article includes specific tips to help ensure your community is prepared.
After a Trip to SCOTUS and Back, El Dorado County’s Traffic Mitigation Fee Is Still Not a Taking
After review by the US Supreme Court, California’s Third Appellate District held that the traffic mitigation fee the County of El Dorado imposes on new development projects is not an unconstitutional taking. The court held that category- or formula-based fees can be imposed provided fees are developed using a “valid method” that “establish[es] a reasonable relationship between the fee charged and the projected burdens” of development projects.
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.
SMW Attorney Presents at League of California Cities’ Annual City Attorneys’ Spring Conference in Carlsbad
Shute Mihaly & Weinberger partner Seph Petta moderated a panel discussion at the annual League of California Cities (CalCities) City Attorneys’ Spring Conference in Carlsbad, California. The presentation, titled “Staffing a Public Meeting: From War Stories to Your Story,” featured members of the League’s Attorney Development and Succession Committee, which is tasked with helping develop […]
With FPPC Enforcement on the Rise, Public Agencies Navigate Gray Area in Use of Public Funds for Election Communications
Local agencies walk a fine line when producing effective informative materials for ballot measures without inadvertently ‘campaigning’. This article reviews current FPPC rules around spending public money to inform the electorate, how to steer clear of enforcement gray areas, and opportunities for the Legislature to authorize limited public agency electoral campaigns.
SB 244: Focus on Disadvantaged Unincorporated Communities in Land Use Planning
Systemic issues in land use planning have historically plagued small, low-income, unincorporated communities on the urban fringe. SB 244 took a first step to address the legal, financial, and political barriers affecting disadvantaged unincorporated communities in California. This article describes SB 244 requirements and looks at implementation progress.
How Public Agencies Can Support Beneficial Fire Use
California’s recent fire seasons have been staggeringly destructive, and are poised to worsen over upcoming decades as the impacts of climate change increase. Yet, we are not helpless. The use of beneficial fire—at the right times and in the right locations—can increase forest resiliency and reduce wildfire risk. California’s pending Strategic Plan for Expanding the Use of Beneficial Fire points public agencies in the right direction.
In Case You Missed It
Shute, Mihaly & Weinberger’s attorneys also regularly write for other publications. Some recent articles that may be of interest include: Los Angeles Lawyer Magazine: Black Lives Matter as Government Speech Daily Journal: Restoring California’s Leadership in Setting Tailpipe Emissions Standards Daily Journal: Competition and Collusion on the Road to Clean Cars ABA Environment, Energy, and […]