Tribal Consultation Under AB 52: An Overview and Tips for Compliance
With the implementation of Assembly Bill 52 (AB 52) last July, California welcomed a new chapter in the ongoing relationship between public agencies and Native American tribes. This new law recognizes California tribes’ expertise regarding cultural resources and provides a method for agencies to incorporate tribal knowledge into their CEQA environmental review and decision-making processes. […]
Help Public Agency Clients Avoid Inadvertent Disclosures
Public agencies breathed a collective sigh of relief following the California Supreme Court’s ruling in Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176. The Court found that public agencies do not waive exemptions when they inadvertently disclose confidential documents in response to a Public Records Act (PRA) request. But some mistakes are more easily cured than others. Given the practical limits […]
Firm Victory Clarifies Eminent Domain Rules
Shute, Mihaly & Weinberger won a significant victory for longtime client Sacramento Area Flood Control Agency (SAFCA) when the Third District Court of Appeal upheld a favorable eminent domain jury verdict in Sacramento Area Flood Control Agency v. Dhaliwal (2015) 236 Cal.App.4th 1315. The case was tried by the firm’s veteran trial attorney, Andrew Schwartz, and defended […]
Practical Tips for Updating Sign Ordinances Post-Reed v. Town of Gilbert
The dust is still settling from the Supreme Court’s 2015 ruling in Reed v. Town of Gilbert, AZ, 135 S.Ct. 2218 (2015), a case challenging the Town of Gilbert’s sign ordinance as a content based and unconstitutional regulation of speech. The Court sided with the challengers, a small church and its pastor, who had faced numerous regulatory […]