CEQA 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.
CEQA 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 […]
Putting the Action Back in CAPs: Best Practices for Updating Climate Action Plans to Align With Statewide Climate Goals
Climate Action Plans are critical to addressing climate change, but many are overdue for an update. With new comprehensive guidance from the California Air Resources Board, there’s no time like the present.
SMW Prevails in Fight Against Sprawl Development in the Hills of Contra Costa County
SMW helped non-profit group Save Mount Diablo strike a blow against environmentally damaging, sprawl development in Contra Costa County, and as a result staved off massive grading and development in the hills between Pittsburg and Concord. Earlier this year, the Contra Costa Superior Court agreed with SMW’s argument that the environmental review for a proposed […]
SMW Attorney Teaches Land Use Law at UC Berkeley School of Law
SMW Partner Andrew Schwartz taught Land Use Law at UC Berkeley School of Law for the Spring Semester 2021-2022 and will repeat the class Spring Semester 2022-2023. Mr. Schwartz also teaches Land Use Law at Stanford Law School.
SMW Attorney Teaches Land Use Law at Stanford Law School
SMW partner Andrew Schwartz is once again teaching Land Use Law at Stanford Law School for the fall quarter 2021-2022. The course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including the tools and historical/legal foundation of modern land use law; zoning and General Plans; the process of land development; affordable housing; growth […]
SMW Attorney Presents at Intro to Environmental Law Series
On October 4, 2021, SMW Fellow Mindy Jian spoke on a CEQA 101 panel, part of the California Lawyer’s Association Environmental Law Section and California Young Lawyers Association’s joint series covering introductory topics in environmental law. The panel provided an overview of the California Environmental Quality Act (CEQA), discussing the statute’s purposes, scope, and application.
Recent Housing Legislation and the Initiative Power: What You Need to Know
The State Legislature’s burst of new housing legislation has significant implications for use of the initiative power. Find out more about SB10’s explicit shift of power to local legislatures and other ways in which the new laws may complicate planning and zoning initiatives.
Quarry Expansion Requires Thorough Environmental Review
The firm prevails in litigation challenging Sonoma County’s environmental review of a rock quarry expansion project near the small town of Forestville. (Forestville Citizens for Sensible Growth v. County of Sonoma (2009).)
Appellate Court Invalidates Ordinance Streamlining Oil Drilling in Kern County
The firm prevails in the court of appeal in a CEQA challenge to a Kern County ordinance, adopted in 2015, that would have streamlined the permitting of 72,000 new oil wells throughout the County including near low-income communities. The court directs that the approval of the ordinance be rescinded. (King and Gardiner Farms, LLC. v. […]