Settlement Over Raising Cane’s Drive-Thru Will Protect Elementary Students
SMW attorneys successfully represented a community group in blocking construction of a drive-thru restaurant right across the street from a school in Brea, California. The plaintiffs, a group of staff and volunteers at Laurel Elementary School, were concerned that increased traffic and long lines of cars outside a new Raising Cane’s drive-thru restaurant would pose […]
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 […]
5 Considerations for Preparation of Administrative Records
The administrative record is the heart of any administrative mandamus proceeding, including under the California Environmental Quality Act (CEQA). Because the administrative record generally comprises the entire universe of evidence, the contents of the record are critical. Accordingly, the California Court of Appeal, Fourth District’s recent decision in Golden Door Properties, LLC v. Superior Court […]
Refinery Shifts from Petroleum to Renewable Fuels
In 2016 the firm successfully represents Rodeo residents in opposing the expansion of the Phillips 66 refinery for failure to adequately evaluate and mitigate the air quality impacts of the project. (Rodeo Citizens Ass’n. v. Contra Costa County.) In 2020, Phillips 66 announces plans to shift production away from petroleum products to renewable fuels.
Innovative Clean Fleet Rules Upheld
From the district court to the U.S. Supreme Court, the firm defends the South Coast Air Quality Management District’s innovative “Clean Fleet Rules” against a challenge by industry. SCAQMD ultimately wins a final judgment that upholds the bulk of the rules. (Engine Mfrs. Assn. v. SCAQMD, 541 U.S. 246 (2004); 498 F.4d 1031 (9th Cir. […]
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).)
Protecting Urban Public Lands & Elevating Community Voices
The firm represents Orange County Communities for Responsible Development, a community-labor alliance, in a challenge to the City of Santa Ana’s sale of public lands. While the challenge is underway, the state legislature adopts new Surplus Land Act provisions protecting the public’s interest in such lands. Many of the Santa Ana sales are halted, giving […]
SMW Defends Sign Ordinance
The Ninth Circuit rejects a billboard developer’s challenge to Alameda County’s sign ordinance and upholds a rare award of attorneys’ fees to a prevailing defendant on the grounds that the lawsuit was frivolous. (Citizens for Free Speech, LLC v. County of Alameda, 953 F.3d 655 (9th Cir. 2020).)
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. […]
Court Overturns Sprawl Development in Wildfire Risk Zone
The firm successfully challenges San Diego County’s 2019 approval of the Harmony Grove Village South Project, which would have brought sprawl development to a fire-prone, rural area of the County.