Important Wetlands Protected
The firm represents Save the Bay and the National Audubon Association as intervenors in the successful defense, in the Ninth Circuit, of the Army Corps of Engineers’ jurisdiction over property that government actions had helped make aquatic. (Leslie Salt Co. v. U.S, 896 F.2d 354 (9th Cir. 1990).)
SMW Advises Sacramento on Reuse of the Railyards
In 1990 the firm begins representing the City of Sacramento in connection with ongoing site cleanup, adoption of specific plans, relocation of streets and infrastructure for mixed-use redevelopment of the historic terminus of the Transcontinental Railroad. The firm’s work continues for twelve years.
Appellate Court Issues Landmark Decision Invalidating Approval of Industrial Project in Kings County
The firm prevails in challenging a coal-fired cogeneration facility in the City of Hanford. The court of appeal’s landmark ruling holds that the environmental impact report must analyze the project’s cumulative impacts on air quality. (Kings County Farm Bureau v. City of Hanford, 221 Cal.App.3d 692 (1990).)
Ninth Circuit Affirms Dismissal of Takings Action Against Butte County
The firm obtains dismissal of action alleging that the County of Butte unlawfully denied developer’s proposals for obtaining sewer service. The Ninth Circuit affirms the District Court’s decision that developer’s takings claims were not ripe for adjudication and the U.S. Supreme Court denies cert. (St. Claire v. City of Chico and County of Butte, 880 […]
Court Prevents Town from Enforcing Code on Tribal Lands
The firm obtains a federal court order declaring that the Town of Parker lacked jurisdiction to enforce its building and zoning ordinances on lands owned by the Colorado River Indian Tribes. (Colorado River Indian Tribes v. Town of Parker, 705 F.Supp. 473 (1989).)
Environmental Review Required for Wetland Fill Permit
On behalf of Save the Bay and other environmental groups, the firm, together with the Attorney General’s office, prevails in a federal case holding that the Army Corps of Engineers must prepare an environmental impact statement for a permit to fill wetlands at the Oakland Airport site. (People of State of Calif. v. Marsh, 687 […]
Big Win for Marin County’s Agriculture Zoning
The Ninth Circuit rejects the expansion of urban land uses into Marin County’s “beautiful rural landscape,” holding that the landowner’s facial challenge and equal protection claim are barred by the statute of limitations and the County’s zoning is neither arbitrary or irrational. (Barancik v. County of Marin, 872 F.2d 834 (9th Cir. 1988).)
Court of Appeal Rejects Redevelopment Agency’s Determination That Agricultural Area Is Blighted
The firm prevails in challenging a redevelopment plan that would have allowed industrial uses on productive agricultural land in Solano County. The appellate court reverses the trial court, holding that the Agency’s approval violated both the Community Redevelopment Law and the California Environmental Quality Act (CEQA). (Emmington v. Solano County Redev’t Agency, 195 Cal.App.3d 491 […]
Court Halts Development on Cullinan Ranch in Solano County
The firm prevails in litigation challenging major development on Cullinan Ranch, a 1,500-acre parcel at the top of San Pablo Bay. This large wetland area is now permanently preserved by the Fish & Wildlife Service. (Save the Bay v. City of Vallejo.)
SMW Joins Individuals and Local Agencies in Opposing State’s Approval of Timber Harvest Plan
The Firm makes repeated trips to the Court of Appeal to extend the restraining order it obtained barring logging of redwood trees on property located on Lucas Valley Road in Marin County. Redwood trees prevail as a settlement is eventually reached with the forester. (County of Marin v. California Department of Forestry (1985).)