San Onofre State Beach Permanently Saved From Toll Road
After years of challenging the 16-mile Foothill-South Toll Road in court and administrative proceedings, including the largest public hearing in the Coastal Commission’s history, the firm helps a dozen environmental groups negotiate a settlement that permanently protects San Onofre State Beach and adjoining open space. (Calif. State Parks Fdn. v. Transportation Corridor Agency, 150 Cal.App.4th […]
California Supreme Court Victory
The firm wins a landmark case before the California Supreme Court holding that the North Coast Rail Authority must comply with CEQA when reopening tracks running from Novato to Humboldt County. Subsequently, the state passes legislation to convert the rail line to the Great Redwood Trail. (Friends of the Eel River v. NCRA, 3 Cal.5th […]
Appellate Court Invalidates EIR for Regional Transportation Plan
The firm obtains an appellate decision invalidating the environmental impact report for a regional transportation plan adopted by the San Diego Association of Governments (SANDAG). SANDAG is ordered to consider a transit-oriented alternative to its freeway-centric plan. (Cleveland National Forest Foundation v. SANDAG, 17 Cal.App.5th 413 (2017).)
Navigating Complex Attorney Fees
A litigant in a partition action faces a potential obligation to pay fees and costs of over $600,000. The firm eliminates this liability and turns it into a cost award of about $5,000. The litigation involves years of billing records and contentious proceedings. (DeMartini v. DeMartini (2016).)
SMW Protects General Plans and Referendum Power in California Supreme Court
The firm prevails in a landmark case before the California Supreme Court that upholds the people’s right of referendum and confirms the primacy of the city’s General Plan. (Orange Citizens for Parks & Recreation v. Superior Court, 2 Cal.5th 141 (2016).)
SMW Thwarts Developer Attempt to Circumvent General Plan Policies for Historic Town Center
On behalf of Save Our Historic Town Center, the firm successfully challenges a massive development in the heart of downtown San Juan Capistrano that is flatly inconsistent with the City’s general plan policies for that historic area. (Save Our Historic Town Center v. City of San Juan Capistrano (2016).)
Recognition for a Supreme Court Victory
SMW partner Kevin Bundy receives the California Lawyer’s Attorney of the Year (CLAY) Award for his role, while at the Center for Biological Diversity, in obtaining a decision from the California Supreme Court overturning the greenhouse gas analysis for the Newhall Ranch project in L.A. County. (Center for Biological Diversity v. Cal. Dept. of Fish […]
Greenhouse Gas Emission Thresholds Upheld
The firm defends the Bay Area Air Quality Management District in litigation challenging its CEQA thresholds of significance. After a ruling of the California Supreme Court, the majority of the thresholds are upheld. (California Building Industry Assn. v. BAAQMD, 62 Cal.4th 369 (2015).)
Court Overturns End-Run to Subdivision Map Act
The firm prevails in the court of appeal in a case of first impression challenging Contra Costa County’s approval of a subdivision on agricultural land adjacent to Marsh Creek State Park without Subdivision Map Act compliance. (Save Mount Diablo v. Contra Costa County, 240 Cal.App.4th 1368 (2015).)
Jury Finds in Favor of TJPA
Photo Credit: Rendering by Pelli Clarke Pelli Architects, courtesy of the Transbay Joint Powers Authority The firm wins a victory on behalf of the Transbay Joint Powers Agency in an eminent domain jury trial to acquire a five-story office building to be demolished for the Transit Center, bus ramp, and rail tunnel. (City and County […]