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 […]
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.
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 […]
SMW Halts “Underground Regulation” Threatening Solar and Storage Projects
In a settlement with SMW client the California Solar and Storage Association (CALSSA), a state licensing board rescinded regulations that would have prohibited solar contractors from installing solar panels paired with batteries for energy storage. The regulations would have been devastating to California’s solar contractors and their workers, as well as to consumers who are […]
René Alejandro Ortega Joins Shute, Mihaly & Weinberger as New Partner
Shute, Mihaly & Weinberger is pleased to announce that René Alejandro Ortega has joined the firm as a new Partner. “We are so pleased to have René join us here at Shute, Mihaly,” said Richard S. Taylor, Shute, Mihaly & Weinberger’s managing partner. “With his expertise in municipal law, housing, land use, and litigation, Rene […]
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 Updates Land Use Law Treatise
Andrew Schwartz and his co-author updated their chapter on Exactions in the California Land Use Practice treatise published by the California Continuing Education of the Bar.
SMW Attorneys Revise and Update Environmental Law Treatise
Matthew Zinn and Andrew Schwartz, partners at SMW, with the assistance of associate attorneys Ben Gonzalez and Orran Balagopalan, revised and updated the Takings Chapter of California Environmental Law and Land Use Law, a treatise co-edited by Loyola Law Professor and SMW Of Counsel Dan Selmi.