Appellate Court Invalidates EIR for Regional Transportation Plan
The firm obtains an appellate decision invalidating the environmental impact report for a regional transportation plan adopted by the San Diego Association of Governments (SANDAG). SANDAG is ordered to consider a transit-oriented alternative to its freeway-centric plan. (Cleveland National Forest Foundation v. SANDAG, 17 Cal.App.5th 413 (2017).)
SMW Contributes to the Land Conservation Movement at the National Level
Photo credit: DJ Glisson, II / Firefly Imageworks From 2017-2020, firm partner Tamara Galanter serves on the Land Trust Alliance Conservation Defense Advisory Council, working on land conservation issues at the national level.
State Updates Requirement to Reduce Waste from Construction and Demolition Projects
On January 1, 2017, the 2016 California Building Standards Code went into effect, including an updated edition of the California Green Building Standards Code, otherwise known as CALGreen. One of the most notable changes in the 2016 edition of CALGreen is a new statewide requirement that at least 65 percent of waste from new construction and demolition (“C&D”) projects […]
Despite Recent Uptick in Developer-Sponsored Initiatives, Voters Remain Wary
Photo credit: Joe Mabel, CC BY-SA 3.0, via Wikimedia Commons In Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029, the California Supreme Court held that CEQA does not apply to voter-sponsored initiatives, even where the initiative is adopted by local officials rather than the voters. Since that decision, California cities and counties have seen […]
California Supreme Court Sheds Light on How Public Agencies Should Manage E-Communications Consistent with the California Public Records Act
On Thursday, the California Supreme Court issued its decision in City of San Jose v. Superior Court, holding that writings that concern public business may be subject to the California Public Records Act (CPRA) even if they are sent and received using private accounts. Recommended Best Practices The Court highlighted how public agencies, employees, elected representatives, […]
State Lawmakers Limit Local Control of Accessory Dwelling Units
Citing California’s housing shortage, state lawmakers recently took aim at local jurisdictions’ review of accessory dwelling units. These units—also known as second units, in-law apartments, or granny flats—can be a valuable form of housing for family members, students, the elderly, care providers and others, sometimes at below market prices within existing neighborhoods. But local jurisdictions […]
Conservation Easements as Mitigation Measures: Tips for Public Agencies
With the continuing loss of open space and farmland to development, more and more agencies seek to mitigate these losses by requiring developers to preserve equivalent land on- or off-site. Conservation easements offer a flexible tool for achieving open space protection, and the courts have upheld easement requirements as legally adequate mitigation for farmland and […]
Facebook Settlement Promotes Affordable Housing
The firm represents the City of East Palo Alto in negotiating a settlement with Facebook in 2016 that results in a $20 million fund for affordable housing and requirements for job training for City residents.
Navigating Complex Attorney Fees
A litigant in a partition action faces a potential obligation to pay fees and costs of over $600,000. The firm eliminates this liability and turns it into a cost award of about $5,000. The litigation involves years of billing records and contentious proceedings. (DeMartini v. DeMartini (2016).)
SMW Protects General Plans and Referendum Power in California Supreme Court
The firm prevails in a landmark case before the California Supreme Court that upholds the people’s right of referendum and confirms the primacy of the city’s General Plan. (Orange Citizens for Parks & Recreation v. Superior Court, 2 Cal.5th 141 (2016).)