Updates and Articles
Top Considerations for Property Acquisition by Public Agencies
When acquiring private property for public projects, public agencies must balance costs, construction timelines, and the legal rights and needs of owners and occupants. This article details some of the top considerations agencies should consider when acquiring property, with the goal of amicable resolution without the need for eminent domain litigation.
Read MoreObjective Design Standards Take On New Importance Under State Law
Developing Objective Design Standards (ODS) is a critical tool in your planning and zoning toolbox. Creating ODS can sound daunting, but it need not be. We explain why they are necessary, useful, and how ODS can help your community enable the development it wants to see.
Read MoreCEQA Article In Top Ten Most Read
The July 25 Daily Journal article demonstrating that CEQA is not a cause of California’s affordable housing crisis, authored by SMW Of Counsel Andrew Schwartz, was cited as one of the top 10 attorney-written columns that resonated with Daily Journal readers in 2024. Read more: https://www.dailyjournal.com/articles/382629-10-attorney-written-columns-that-resonated-with-readers-in-2024
Read MoreHoliday Greetings from Shute, Mihaly & Weinberger LLP
As we head into the holidays, we want to express our gratitude for the wonderful clients and colleagues we had the opportunity to work with this year. The firm made charitable contributions to numerous organizations in 2024 whose work inspires us. Please scroll down to see the full list of organizations and events we supported. Shute, Mihaly & Weinberger welcomed four new Fellows and a new Operations Coordinator to...
Read MoreAddressing Code Obstructions to Off-Grid Development
Could existing regulations be stifling the potential for off-grid living in our communities? Although state law does not require developers to connect residential buildings to the electric grid, public agencies should consider whether their existing regulations unintentionally restrict off-grid development.
Read MoreWhere We Go From Here: Local and State Efforts to Decarbonize Buildings After California Restaurant Association v. City of Berkeley
After the Ninth Circuit found that federal law preempted the City of Berkeley’s natural gas ban, cities and counties around the State are crafting innovative measures to continue addressing the carbon emissions from buildings. Updated State building codes will also promote decarbonization efforts.
Read MoreCEQA Administrative Records: Challenges and Considerations When Asserting Claims of Privilege
Public agency attorneys often find it challenging to determine whether a privilege or exemption forecloses the inclusion of certain materials in CEQA administrative records. This is especially so when evaluating whether the deliberative process exemption to the California Public Records Act applies. This article outlines considerations that agency attorneys should consider when making these determinations.
Read MoreUpdate on Statewide November 2024 Ballot Measures
Californians once again showed a healthy appetite for using bond funding to address some of the state’s most pressing challenges, but they were selective in what they approved. Read about the outcomes of statewide ballot measures that were on the November ballot that had the potential to change the financial and regulatory landscape for public agencies.
Read MoreShute, Mihaly & Weinberger Named to 2025 Best Law Firms List
SMW once again has been named a Best Law Firm by Best Lawyers, a peer-reviewed guide to lawyers and law firms in the U.S. The firm was previously named to this list in 2024, 2022, and 2020. As in previous years, the firm was again ranked as a highly prestigious National Tier 1 Best Law Firm in Land Use and Zoning Law. New this year, the firm also received a National Tier 2 ranking in two categories, Environmental Law and...
Read MoreSMW Attorney Heather Minner Joins the Bay Area Ridge Trail Council Board of Directors
Congratulations to SMW partner Heather Minner for joining the Board of Directors for the Bay Area Ridge Trail Council. The Council works to plan, promote and sustain a connected hiking, cycling, and equestrian trail on the ridgelines around San Francisco Bay. Together with its partners, the Council has dedicated over 400 trail miles, linking people, parks and open space for today and future generations. Heather is shown...
Read MoreShute, Mihaly & Weinberger Receives California State Bar’s DEI Leadership Gold Seal
The State Bar of California has awarded SMW its 2024 DEI Leadership Seal to recognize the firm’s successful efforts to advance diversity, equity and inclusion (DEI) in the workplace and in the legal profession. The firm is a Gold tier recipient, indicating they have implemented at least nine of the ten evidence-based Action Items the State Bar recommends law firms and other legal employers implement to promote an inclusive...
Read MoreCEQA Not The Cause of California’s Affordable Housing Gap
SMW Of Counsel Andrew Schwartz authored an article published in the Los Angeles-San Francisco Daily Journal refuting the contention of the California Building Industry Association and California government officials that the California Environmental Quality Act (CEQA) is responsible for the shortage of affordable housing in California. As experts have documented, the principal barriers to housing production—in California...
Read More