Updates and Articles
Complex Construction Project Negotiations
The firm is assisting the Transbay Joint Powers Authority (TJPA) in negotiations with an adjoining landowner and its design professionals and construction contractors 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...
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 MoreSMW Supports Cupertino’s Negotiation of New Franchise Agreement, Positioning City to Implement SB 1383’s Organic Waste Reduction Mandates
Shute, Mihaly & Weinberger 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...
Read MoreSuccessful Short-Term Rental Regulations: It is Possible!
December 2020 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...
Read More5 Considerations for Preparation of Administrative Records
December 2020 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...
Read MoreUsing Solar & Energy Storage To Build Resilient Communities
December 2020 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...
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...
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