Updates and Articles
SMW Attorneys Recognized with Amicus Service Award
Three SMW attorneys received the Amicus Service Award from the International Municipal Lawyers Association (IMLA). Attorneys (L to R) Laura Beaton, Andrew Schwartz, and Matthew D. Zinn were recognized for their work drafting the SCOTUS amicus brief for Knick v. Township of Scott.
Read MoreBuilding Decarbonization Update: California Energy Commission Approves First Set of Electric Reach Codes
Following up on the October 2019 edition of In the Public Interest, this article provides an update on the California Energy Commission's approval of ordinances passed by several cities and counties to encourage or require buildings to go all-electric. As reported in the October 2019 edition of “In the Public Interest,” local jurisdictions throughout California have been seizing the opportunity presented by the triannual...
Read MoreComing to a Backyard Near You: What’s New With ADUs in 2020
Public Agency Update: New state legislation that took effect on January 1, 2020 imposes additional limits on the ability of local jurisdictions to restrict Accessory Dwelling Units (ADUs). This article describes what's changed and how cities and counties might react. For the last few years, the state has explored ways to encourage cities and counties to allow property owners to build more Accessory Dwelling Units (ADUs)....
Read MoreColorado River Indian Tribes Secure Crucial Revisions to New Transmission Line Project
In order to serve urban customers with solar energy generated in the Southwest desert, DCR Transmission LLC proposed building a 125-mile transmission line across parts of Arizona and California. The Firm assisted the Colorado River Indian Tribes in participating before state and federal agencies in multi-year approval proceedings. Ultimately, the Tribes secured a revised route in 2020 that avoids sensitive cultural sites...
Read MoreSMW 40th Anniversary
Shute, Mihaly & Weinberger turns 40 this year! Over the course of the year, we will be celebrating our four decades of lawyering in the public interest as California's preeminent public agency, environmental, land use, and renewable energy law firm. The firm was founded in 1980 by three former members of the state Attorney General's office. Our first case culminated in a unanimous decision from the U.S. Supreme Court...
Read MoreConservation Easement Enforced in Sonoma County
The firm prevails in a landmark case to enforce a conservation easement protecting sensitive lands in Bennett Valley (Sonoma County) on behalf of the Sonoma Land Trust. After a 19-day trial, the court orders the violators to pay to restore the property. (Sonoma Land Trust v. Thompson.) Image by SMW
Read MoreSuccessful Construction Defect Litigation Settlement
On behalf of the City of Half Moon Bay, the firm successfully settled a construction defect litigation case regarding a cracked pedestrian trail/bike path. The City recovered close to $500,000 from its public works and construction management contractor and its construction contractor’s surety to fund repair and reconstruction of the trail.
Read MoreProperty Purchase, Bridge Provide Needed Link Between State and Regional Parks In Alameda County
After assisting the Tri-Valley Conservancy (TVC) in 2009 in acquiring a key linkage between Del Valle State Park and Sycamore Grove Park in Livermore, the firm advises TVC in 2019 with funding, contracting, and construction of a bridge crossing to provide critical and accessible outdoor recreational opportunities to Livermore and Alameda County residents.
Read MoreNon-Profit Compliance with Public Contracting Laws
The firm provides ongoing advice to California Trout regarding compliance with public contracting and labor and wage laws for state-funded restoration projects.
Read MoreBest Practices Updates
The firm updates various cities’ template contracts to reflect updates to California’s public contracting law and best practices. The firm provides training to City staff on negotiating and entering contracts.
Read MoreEn Garde: China’s National Sword Shakes Up Recycling
China, historically one of the largest markets for recyclable materials, has dramatically tightened restrictions on waste imports. American recyclers in search of new markets are increasingly turning to local agencies for relief. This article discusses shifts in global recycling markets and how some local agencies are adapting to these changes. Agencies that provide curbside recycling have traditionally depended on...
Read MoreVehicle Miles Traveled Replaces Level of Service – CEQA Analysis of Transportation Impacts
Public Agency Update: The time is approaching for agencies to change how they measure CEQA transportation impacts. For land use projects, beginning July 1, 2020, transportation impacts must be measured using vehicle miles traveled (VMT) instead of level of service (LOS). This article explains when public agencies may use each method moving forward. Beginning July 1, 2020, the only acceptable ways of determining the...
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