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.
Shute, 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 […]
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 […]
San Francisco Faces Significant Penalties and Improvement Costs Due to Aging Sewer System
In May 2024, the U.S. EPA and San Francisco Regional Water Quality Control Board sued the City and County of San Francisco for violations of water quality laws stemming from operation of its sewer system. Other public agencies can learn from San Francisco’s situation and protect themselves from future financial liability by better understanding their water quality obligations.
New Report Calls for Transformational Change in Our Relationship to and Stewardship of Fire
Photo: Analisa burning with a pitch stick. Photo credit: Alex Watts-Tobin Shute, Mihaly & Weinberger partner Sara A. Clark is lead author on a new report, Good Fire II, that addresses barriers to the expansion of cultural burning and prescribed fire in the United States and provides recommended solutions. Good Fire II builds on the original Good […]
SMW Attorneys Recognized Once Again as Leaders in Environmental Law
“The Lawdragon Green 500: The 2024 Leaders in Environmental Law” list has been released and once again, 12 Shute, Mihaly & Weinberger attorneys are on the list. Kevin P. Bundy, Ellison Folk, Tamara S. Galanter, Ellen J. Garber, Winter King, Robert “Perl” Perlmutter, Gabriel M. B. Ross, Andrew W. Schwartz, Sky C. Stanfield, Richard Taylor, […]
SMW Again Ranked Top Tier Nationally Among “Best Law Firms”
Shute, Mihaly & Weinberger has been named in the 2024 Best Law Firms® rankings by Best Lawyers, in several different categories. The firm has been named a highly prestigious National Tier 1 Best Law Firm in Land Use and Zoning Law. SMW was also named a Metropolitan Tier 1 Best Law Firm in San Francisco […]
Building Decarbonization Update: Local Governments in California Consider Strategies to Reduce Natural Gas Use in Buildings
Following up on the October 2019 and February 2020 editions of In the Public Interest, this article provides an update regarding strategies proposed by several cities and counties to encourage or require existing buildings to go all-electric.
Mid-Cycle 2022 CALGreen Building Code Update Re: Changes Coming in 2023 to State Energy Code and Green Building Standards
California Building Standards Commission adopts updates to electric vehicle charging requirements for new multifamily buildings Since we first wrote about the latest Energy Code and energy-related CALGreen updates that went into effect statewide in January 2023, some additional important updates have been made to CALGreen. Following this regular triannual update, the California Building Standards Commission […]
Tribes, Agencies, Other Experts Collaborate on Wildfire Mitigation Strategies
From the deadly conflagration in Hawaii to the toxic smoke blanketing the East Coast, this year’s wildland fires have driven home the reality that wildfires are a huge and growing threat. In response to this national crisis, in 2021 President Biden’s Bipartisan Infrastructure Law created the federal Wildland Fire Mitigation and Management Commission, which has just released its final report.