Updates and Articles
5 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).)
Read MoreA New Home For Redwood National and State Park Visitor Center
Working closely with the State Coastal Conservancy and environmental consultants, the firm in 2020 helps secure the approval of the Redwood National and State Park Visitor Center and Restoration Project in Humboldt County. The new visitor's center provides a state-of-the-art facility for visitors to learn about and explore the area's magnificent old-growth redwood forests.
Read MoreSMW Represents CFROG Through General Plan Update Process
With the Firm's help, Climate First: Replacing Oil and Gas (CFROG) successfully advocates in 2020 for Ventura County General Plan policies establishing some of the nation's strongest health and safety buffer zones around new oil and gas development. The firm also supports CFROG in their fight for adequate environmental review of new oil wells and their pursuit of a moratorium to protect water quality from steam-injection...
Read MoreProtecting Urban Public Lands & Elevating Community Voices
The firm represents Orange County Communities for Responsible Development, a community-labor alliance, in a challenge to the City of Santa Ana's sale of public lands. While the challenge is underway, the state legislature adopts new Surplus Land Act provisions protecting the public's interest in such lands. Many of the Santa Ana sales are halted, giving the community a further chance to advocate for open space and...
Read MoreSMW Defends Sign Ordinance
The Ninth Circuit rejects a billboard developer's challenge to Alameda County's sign ordinance and upholds a rare award of attorneys' fees to a prevailing defendant on the grounds that the lawsuit was frivolous. (Citizens for Free Speech, LLC v. County of Alameda, 953 F.3d 655 (9th Cir. 2020).)
Read MoreIs local control of affordable housing development dead? The answer is unclear.
Photo Credit: Wally Gobetz, Flickr, CC BY-NC-ND 2.0 In the early 1980s, the Legislature enacted the Housing Element Law (Gov. Code § 65580 et seq.) and the Housing Accountability Act (“HAA”, Gov. Code § 65589.5), citing the lack of housing as a paramount state concern. Since then, the Legislature has passed multiple laws limiting the discretion of local agencies to disapprove or condition housing projects, most of them...
Read MoreNavigating the Challenges Posed by SB 35
Since its passage in 2017, Senate Bill 35 (SB 35)—a state law requiring local jurisdictions to streamline approval of certain affordable housing projects—has been controversial, to say the least. Over the last few years, SB 35 has been the subject of much litigation, as discussed in Benjamin Gonzalez’s and Andrew Schwartz’s article, “Is local control of affordable housing development dead?” in this issue. But because none...
Read MoreDown Payment Assistance Programs: Building a Bridge to Home Ownership
Costly down payments are a major barrier to home ownership for many Americans. Medium and even some low-income workers and their families may earn enough to afford monthly mortgage payments, but often struggle to save enough for a down payment. According to a recent Urban Institute report, high housing costs fall hardest on Black families, who are less likely to own homes than white families with comparable income and...
Read More