Updates and Articles
Firm Supports Cupertino’s Negotiation of New Franchise Agreement, Positioning City to Implement SB 1383’s Organic Waste Reduction Mandates
Firm attorneys assisted the City of Cupertino with negotiation of a new 10-year franchise agreement for recycling, organics, and solid waste collection and processing. The complex new agreement allows Cupertino to maintain high levels of service and low rates relative to surrounding cities, while positioning the City to implement the requirements of SB 1383 to address methane emissions from organic waste.
Read MoreShute, Mihaly & Weinberger LLP Celebrates 40 Years of Serving the Public Interest
Law firm specializes in government, land use, renewable energy and environmental law; 40th Anniversary website launched. San Francisco, Calif. – The law firm Shute, Mihaly & Weinberger LLP is celebrating 40 years of service as one of the nation’s preeminent progressive public interest law firms. Since 1980, Shute, Mihaly & Weinberg LLP has specialized in government, land use, renewable energy and...
Read MoreSpreading Good Cheer at the End of a Difficult Year
As 2020 draws to a close, Shute, Mihaly & Weinberger announced that the firm would double its annual charitable donations this year. “This year really highlighted for us that the health of our communities and environment depend on the work of non-profit organizations engaged in environmental justice and anti-racism work, and that we simply need to do more to support them,” said managing partner Richard Taylor. Here...
Read MoreTrail Improvement and Joint Use Agreement
On behalf of the City of Cupertino, the firm negotiated an agreement between the City and the Santa Clara Valley Water District for the improvement and joint use of a pedestrian and bike path along Regnart Creek.
Read MoreComplex Construction Project Negotiations
The firm is assisting the Transbay Joint Powers Authority (TJPA) in negotiations with an adjoining landowner to relocate the ventilation system for the underground levels of the Salesforce Transit Center to accommodate a high rise building project adjacent to the Transit Center. Funds received will support construction of the train tunnel connecting Caltrain and High Speed Rail to the Transit Center.
Read MoreRancho Jamul Land Exchange Defeated
SMW and its client Endangered Habitats League scores a major victory in 2020 in its battle to save the Proctor Valley in San Diego County. The Wildlife Conservation Board voted down a proposal to convey a 220-acre state ecological reserve to a private developer as part of a 1,200-unit upscale housing project. Read more here: The San Diego Union-Tribune: California wildlife officials reject proposal to put housing on...
Read MoreSuccessful Short-Term Rental Regulations: It is Possible!
Short-term home rentals have become increasingly popular in recent years, and have continued to thrive even during the COVID-19 pandemic. In fact, many local communities report an increase in short-term rentals in the last six months, presumably as people seek safe vacation options close to home and take advantage of the ability to work from “home” anywhere they want. While short-terms rentals can be economically...
Read More5 Considerations for Preparation of Administrative Records
The administrative record is the heart of any administrative mandamus proceeding, including under the California Environmental Quality Act (CEQA). Because the administrative record generally comprises the entire universe of evidence, the contents of the record are critical. Accordingly, the California Court of Appeal, Fourth District’s recent decision in Golden Door Properties, LLC v. Superior Court underscores the...
Read MoreUsing Solar & Energy Storage To Build Resilient Communities
In the late summer and fall in recent years, the power has been going out more often in California. Utilities are turning off residents’ power preemptively in unprecedented numbers. Energy storage systems owned by residents and public agencies, including those that are paired with solar generators, have the ability to safely provide power when the grid goes down, and can help utilities avoid the problems that cause certain...
Read MoreRefinery Shifts from Petroleum to Renewable Fuels
In 2016 the firm successfully represents Rodeo residents in opposing the expansion of the Phillips 66 refinery for failure to adequately evaluate and mitigate the air quality impacts of the project. (Rodeo Citizens Ass'n. v. Contra Costa County.) In 2020, Phillips 66 announces plans to shift production away from petroleum products to renewable fuels.
Read MoreInnovative Clean Fleet Rules Upheld
From the district court to the U.S. Supreme Court, the firm defends the South Coast Air Quality Management District's innovative “Clean Fleet Rules” against a challenge by industry. SCAQMD ultimately wins a final judgment that upholds the bulk of the rules. (Engine Mfrs. Assn. v. SCAQMD, 541 U.S. 246 (2004); 498 F.4d 1031 (9th Cir. 2007) (on remand).)
Read MoreQuarry Expansion Requires Thorough Environmental Review
The firm prevails in litigation challenging Sonoma County's environmental review of a rock quarry expansion project near the small town of Forestville. (Forestville Citizens for Sensible Growth v. County of Sonoma (2009).)
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