Updates and Articles
SMW Staff, Family, and Alumni Gather to Mark the Turning of the Season
SMW invited current firm attorneys and staff to reunite with SMW alumni, including former law clerks, fellows and staff, at a brunch on April 23rd at the David Brower Center in Berkeley. Together the attendees and their families celebrated the arrival of spring and the renewal of in-person connections after the long haul of pandemic isolation. Firm founders Marc Mihaly and Clem Shute were among the guests in...
Read MoreSMW Serves as General Counsel to Highlands Recreation District
In 2022, the firm began serving as General Counsel to the Highlands Recreation District. The Highlands Recreation District is a Special District in the unincorporated Highlands neighborhood of San Mateo County. The District has provided exceptional recreational services since its establishment in the 1950s.
Read MoreWith 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.
Read MoreSB 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.
Read MoreHow 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...
Read MoreNew Toolkit Guides Regulators and Utilities in Improving Energy Storage Interconnection
Energy storage has a unique and pivotal role to play in the transition to a low-carbon economy because it can help the electric grid accommodate more renewable energy. However, a number of barriers currently impede the process of connecting energy storage systems to the energy distribution grid. A new suite of actionable recommendations for regulators and utilities, launched in March of 2022 by a team of leading industry...
Read MoreSettlement Over Raising Cane’s Drive-Thru Will Protect Elementary Students
SMW attorneys successfully represented a community group in blocking construction of a drive-thru restaurant right across the street from a school in Brea, California. The plaintiffs, a group of staff and volunteers at Laurel Elementary School, were concerned that increased traffic and long lines of cars outside a new Raising Cane’s drive-thru restaurant would pose a significant danger to students walking to and from...
Read MoreSMW Attorney teaches Land Use Law at UC Berkeley School of Law
SMW Partner Andrew Schwartz is teaching Land Use Law at UC Berkeley School of Law for the Spring Semester 2021-2022.
Read MoreShute, Mihaly & Weinberger Celebrates New Partner Laura Beaton
Shute, Mihaly & Weinberger LLP is proud to announce the addition of Laura Beaton as a partner. She was an associate of the firm before joining the partnership.
Read MoreShute, Mihaly & Weinberger, LLP Seeks Experienced Planner
Job Announcement Shute, Mihaly & Weinberger, LLP is looking for an experienced planner with relevant experience to join our dynamic practice. About Shute, Mihaly & Weinberger, LLP Shute, Mihaly & Weinberger LLP is a law firm specializing in government, land use, renewable energy, and environmental law. Since 1980, the firm has provided public agencies, non-profits, tribes, and community groups with the...
Read MoreApplying SB 330 In Real Life
SB 330 significantly changed how local governments process applications for housing development projects. SB 330 added new provisions to the Government Code limiting local authority to downzone property or adopt new, subjective design standards. In 2021, the Legislature enacted SB 8, which clarified and updated some of SB 330’s terms. This article answers some SB 330 FAQs and provides implementation tips.
Read MoreResidents Can Play a Vital Role in Establishing Funding Streams for Local Programs
Cities and counties face significant challenges in raising funds for basic services and special programs. Chief among these, local governments must receive two-thirds voter approval before imposing a tax to fund designated programs. However, under a series of recent court rulings, voter-sponsored initiatives for special taxes need only be approved by a simple majority. This article discusses this new revenue opportunity,...
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