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Updates and Articles
Land Restored to Kletsel Dehe Wintun Nation
Winter King, Andrew Schwartz, and Tori Gibbons won a victory for the Kletsel Dehe Wintun Nation of the Cortina Rancheria after a six-year battle to retake possession of the Nation’s land leased to a waste disposal company. The company failed to timely build and operate a waste disposal and recycling facility on the Nation’s land as required by the lease but nonetheless sought to tie up the land for another 25 years. The...
Read MoreRematriation of Shellmound in Berkeley
Andrew Schwartz, Of Counsel with the firm, assisted the City of Berkeley in partnership with a coalition of the Indigenous Ohlone tribes, the Confederated Villages of Lisjan (CVL), to rematriate a 2.2-acre site in Berkeley to CVL. The City’s purchase is one of the first instances of a city transferring land back to its original occupants. Of the $27 million purchase price for the land, the City contributed $1.5 million and...
Read MoreThe Role of Local Public Agencies in Land Back
A conservation easement granted by the City of Oakland to the Sogorea Te’ Land Trust demonstrates how local public agencies can play an important role in “Land Back,” an Indigenous-led movement that aims to strengthen tribal sovereignty and support cultural revitalization by returning land to Indigenous stewardship.
Read MoreRecent Changes to Levine Act’s Campaign Contribution Requirements
Recent updates to the Levine Act change the circumstances under which campaign contributions require elected or appointed officials to recuse themselves from participating in certain proceedings where campaign donors have an interest in the outcomes. This article explains these changes in more detail.
Read MoreUpdate re: Local Governments Urge U.S. Supreme Court Not To Ignore “Givings” When Considering Unconstitutional “Takings”
The U.S. Supreme Court recently issued its decision in Sheetz v. County of El Dorado, examining whether the heightened takings analysis set forth in two previous cases applies to legislatively imposed development impact fees. A unanimous Court agreed that the Nollan /Dolan standard does apply. The Court remanded the case to the California state courts for further proceedings
Read MoreNew Report Calls for Transformational Change in Our Relationship to and Stewardship of Fire
Photo: Analisa burning with a pitch stick. Photo credit: Alex Watts-Tobin Shute, Mihaly & Weinberger partner Sara A. Clark is lead author on a new report, Good Fire II, that addresses barriers to the expansion of cultural burning and prescribed fire in the United States and provides recommended solutions. Good Fire II builds on the original Good Fire report, published in 2021. Since its release, the original...
Read MoreSMW Attorneys Recognized Once Again as Leaders in Environmental Law
“The Lawdragon Green 500: The 2024 Leaders in Environmental Law” list has been released and once again, 12 Shute, Mihaly & Weinberger attorneys are on the list. Kevin P. Bundy, Ellison Folk, Tamara S. Galanter, Ellen J. Garber, Winter King, Robert “Perl” Perlmutter, Gabriel M. B. Ross, Andrew W. Schwartz, Sky C. Stanfield, Richard Taylor, William J. White and Matthew D. Zinn were recognized variously for their...
Read MoreNew Rent for Letterman Digital Arts Campus at Presidio
Andrew Schwartz, Of Counsel with the firm, and Julie Dolinsek, one of the firm’s paralegals, assisted the Presidio Trust in the reappraisal of the ground rent for the Letterman Digital Arts Center Campus at the Presidio.
Read MoreCommunity Land Trusts: A Valuable Tool in Promoting Affordable Housing
Under California law, cities are required to identify opportunities to develop sufficient housing to meet the needs of residents of all income levels. However, many municipalities struggle to produce enough affordable housing. This article explores the role community land trusts can play in building and managing affordable housing.
Read MoreMitigating Vehicle Miles Traveled
In 2020, the methodology under the California Environmental Quality Act (CEQA) for evaluating transportation-related impacts changed from level of service (LOS) to vehicle miles traveled (VMT). This change has necessitated new strategies for mitigating those impacts. This article outlines several approaches lead agencies may consider to mitigate a project’s significant VMT-related impacts.
Read MoreHoliday Cheer from Shute, Mihaly & Weinberger
As we say goodbye to 2023 and prepare to ring in the New Year, we’re feeling grateful for our wonderful clients and colleagues and for the opportunities we had this past year to do good work and support good causes. This year our firm made charitable contributions to numerous organizations whose work inspires us by advancing the causes of environmental justice, anti-racism, and empowerment work. Please scroll down to see a...
Read MoreSMW Again Ranked Top Tier Nationally Among “Best Law Firms”
Shute, Mihaly & Weinberger has been named in the 2024 Best Law Firms® rankings by Best Lawyers, in several different categories. The firm has been named a highly prestigious National Tier 1 Best Law Firm in Land Use and Zoning Law. SMW was also named a Metropolitan Tier 1 Best Law Firm in San Francisco in Environmental Law, Land Use & Zoning Law, Environmental Litigation, and Land Use & Zoning Litigation. View...
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