Updates and Articles
Update on Shute, Mihaly & Weinberger LLP’s Support of Law Firms Fighting Trump Executive Orders
Shute, Mihaly & Weinberger continues to support law firms that are pushing back against executive overreach by the Trump Administration. Since the firm’s initial support in April, multiple judges have ruled in favor of law firms and the rule of law.
Read MoreImplementing Approaches After Attorney General Opined that Remote Meeting Accessibility is a Reasonable Accommodation for Public Officials With Disabilities
Last year, the state Office of the Attorney General released an opinion that paves the way for enhanced public meeting accessibility for individuals with disabilities who are members of local bodies covered by the Brown Act. This article discusses an approach that some cities are taking to implement their ADA obligations in light of the opinion.
Read MoreSan Francisco-based Shute, Mihaly & Weinberger LLP joins 500+ law firms in support of Perkins Coie resistance to Trump overreach
San Francisco, Calif. – Leading California public interest law firm Shute, Mihaly & Weinberger LLP is one of 507 firms nationwide to sign on to an amicus curiae, or friend of the court, brief submitted to the US District Court in Washington, DC on Friday. The brief was filed in support of Perkins Coie LLP in its suit against the US Department of Justice in response to a March 6 Executive Order issued by President...
Read MoreSMW Supports the Karuk Tribe in State’s First Cultural Burning Agreement
Shute, Mihaly & Weinberger Partner Sara Clark has for several years supported Tribal efforts to put more “good fire” on the ground in California. For millennia, Indigenous North Americans have used fire for ceremonial purposes, to manage and produce food, fiber, and medicine, and to manage the landscape for protection against larger, uncontrolled wildfires.
Read MoreSMW Attorneys Named to the Green 500: Leaders in Environmental Law
Shute, Mihaly & Weinberger is honored to announce that nine of our partners were recently named to Lawdragon News’ 2025 list of the top 500 environmental lawyers in the United States. The 2025 Lawdragon 500 Leading Environmental Lawyers – The Green 500 list includes SMW attorneys Kevin P. Bundy for Environmental Litigation; Ellison Folk, Richard Taylor, and William J. White for Environmental Litigation &...
Read MoreTop Considerations for Property Acquisition by Public Agencies
When acquiring private property for public projects, public agencies must balance costs, construction timelines, and the legal rights and needs of owners and occupants. This article details some of the top considerations agencies should consider when acquiring property, with the goal of amicable resolution without the need for eminent domain litigation.
Read MoreObjective Design Standards Take On New Importance Under State Law
Developing Objective Design Standards (ODS) is a critical tool in your planning and zoning toolbox. Creating ODS can sound daunting, but it need not be. We explain why they are necessary, useful, and how ODS can help your community enable the development it wants to see.
Read MoreCEQA Article In Top Ten Most Read
The July 25 Daily Journal article demonstrating that CEQA is not a cause of California’s affordable housing crisis, authored by SMW Of Counsel Andrew Schwartz, was cited as one of the top 10 attorney-written columns that resonated with Daily Journal readers in 2024. Read more: https://www.dailyjournal.com/articles/382629-10-attorney-written-columns-that-resonated-with-readers-in-2024
Read MoreHoliday Greetings from Shute, Mihaly & Weinberger LLP
As we head into the holidays, we want to express our gratitude for the wonderful clients and colleagues we had the opportunity to work with this year. The firm made charitable contributions to numerous organizations in 2024 whose work inspires us. Please scroll down to see the full list of organizations and events we supported. Shute, Mihaly & Weinberger welcomed four new Fellows and a new Operations Coordinator to...
Read MoreAddressing Code Obstructions to Off-Grid Development
Could existing regulations be stifling the potential for off-grid living in our communities? Although state law does not require developers to connect residential buildings to the electric grid, public agencies should consider whether their existing regulations unintentionally restrict off-grid development.
Read MoreWhere We Go From Here: Local and State Efforts to Decarbonize Buildings After California Restaurant Association v. City of Berkeley
After the Ninth Circuit found that federal law preempted the City of Berkeley’s natural gas ban, cities and counties around the State are crafting innovative measures to continue addressing the carbon emissions from buildings. Updated State building codes will also promote decarbonization efforts.
Read MoreCEQA 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.
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