Updates and Articles
Understanding Recent Changes to Local Initiative Processes
The California Constitution enshrines the rights of voters both to propose new laws and to respond to those passed by their elected officials. The laws regarding such initiatives and referenda are complex and ever-evolving, and the last year was no exception. A published appellate court decision clarified the intersection of development agreements and initiatives, and a change to the elections code has provided public...
Read MoreTips for Complying with the FPPC’s Revised “500 Foot Rule” Addressing When Public Officials Have a Conflict of Interest in Decisions Potentially Affecting Their Real Property
As local government officials and attorneys are no doubt aware, the Fair Political Practices Commission (FPPC) has once again changed its rule regarding property-related conflicts of interest. On January 17, 2019, the FPPC amended Regulation 18702.2, which governs whether public officials have a conflict of interest in governmental decisions potentially affecting their real property. Recent advice letters from the FPPC...
Read MoreSupreme Court Reaches Major Takings Decision in Knick v. Township of Scott
Photo Credit: Sunira Moses, CC BY-SA 3.0, via Wikimedia Commons On June 21, the U.S. Supreme Court decided Knick v. Township of Scott, Pennsylvania. The decision has significant implications for state and local government agencies faced with regulatory takings claims under the Fifth Amendment. (SMW filed an amicus brief in the case on behalf of eight state and local government groups, including the National Governors...
Read MoreCoyote Valley Saved!
The firm works with the Peninsula Open Space Trust, the Santa Clara County Open Space Authority, and the City of San Jose to preserve 937 acres in Coyote Valley for wildlife and open space in 2019. SMW partners Bill White, Tamara Galanter, and Sara Clark receive the 2020 California Lawyer's Attorney of the Year (CLAY) Award for their role in this achievement. Image by the Greenbelt Alliance
Read More2019 Super Lawyers
Super Lawyers magazine has recognized SMW attorneys (top row, L to R) Ellison Folk, Robert "Perl" Perlmutter, (bottom row, L to R) Andrew Schwartz, Rachel Hooper, and Fran Layton as Northern California Super Lawyers for 2019.
Read MoreTop Ten Tips and Resources for Newly Elected Councilmembers
In the Public Interest extends its congratulations to newly elected city councilmembers and local public officials across the state. Many of you have worked for cities, counties, or special districts, and others are fairly new to local government. We hope all of you will benefit from this “Top 10” list of useful tips and resources as you transition into your new position. 1. Ralph M. Brown Act: Open Meetings The Brown...
Read MoreShute, Mihaly & Weinberger Announces New Partners Sara Clark and Sarah Sigman
San Francisco - Shute, Mihaly & Weinberger LLP is proud to announce the addition of two new partners, Sara A. Clark and Sarah H. Sigman. Both attorneys were associates of the firm before joining the partnership. “We are excited to have Sara Clark and Sarah Sigman join our team of partners,” said Richard S. Taylor, Shute, Mihaly & Weinberger’s managing partner. “They have both made significant contributions to...
Read MoreIf Your Community Is Concerned About the Threat of Wildfire, Here Is Some Useful Information
Introduction The risk of wildfire is increasing in both significance and prevalence in California. Wildfire poses a significant risk to public health and safety, economies, infrastructure and natural resources. This article addresses statewide actions recently taken by the Legislature and provides additional actions that local agencies can take to reduce the risk of wildfires and protect residents and property. The...
Read MoreMulti-Million Dollar Naming Rights Agreement for a Public Facility
In coordination with special counsel, the firm assisted the Transbay Joint Powers Authority (TJPA) in the negotiation of a 2017 agreement for the rights to name the Salesforce Transit Center in San Francisco. The agreement will produce more than $110 million in aggregate escalated revenue over the 25-year term, offsetting the cost to operate the transit center.
Read MoreLimits on Lead and Cadmium in Chocolate
In 2018, on behalf of As You Sow, the firm settles its Proposition 65 case against the leading chocolate companies over lead and cadmium in chocolate products. The settlement establishes limits on the amount of lead and cadmium in these products and convened an expert panel to identify methods for reducing these levels.
Read MoreNatural Gas Power Plant Denied
The firm represents the City of Oxnard in 2018 before the California Public Utilities Commission and the California Energy Commission in its successful opposition to the location of a natural gas-fired power plant on the beach in Oxnard. This effort sets the stage for California's adoption of energy storage and other preferred resources as a viable alternative to gas-fired generation.
Read MoreNo Vested Right to Quarry Expansion
The firm succeeds in the court of appeal in a case challenging Mendocino County's approval of a large expansion of a quarry. (Keep the Code v. Mendocino County (2018).) The court agreed with the firm's position that quarry activities occurring almost 50 years earlier did not establish a vested right to expand the mine.
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