Updates and Articles
Colorado River Indian Tribes Secure Crucial Revisions to New Transmission Line Project
In order to serve urban customers with solar energy generated in the Southwest desert, DCR Transmission LLC proposed building a 125-mile transmission line across parts of Arizona and California. The Firm assisted the Colorado River Indian Tribes in participating before state and federal agencies in multi-year approval proceedings. Ultimately, the Tribes secured a revised route in 2020 that avoids sensitive cultural sites...
Read MoreSMW 40th Anniversary
Shute, Mihaly & Weinberger turns 40 this year! Over the course of the year, we will be celebrating our four decades of lawyering in the public interest as California's preeminent public agency, environmental, land use, and renewable energy law firm. The firm was founded in 1980 by three former members of the state Attorney General's office. Our first case culminated in a unanimous decision from the U.S. Supreme Court...
Read MoreConservation Easement Enforced in Sonoma County
The firm prevails in a landmark case to enforce a conservation easement protecting sensitive lands in Bennett Valley (Sonoma County) on behalf of the Sonoma Land Trust. After a 19-day trial, the court orders the violators to pay to restore the property. (Sonoma Land Trust v. Thompson.) Image by SMW
Read MoreSuccessful Construction Defect Litigation Settlement
On behalf of the City of Half Moon Bay, the firm successfully settled a construction defect litigation case regarding a cracked pedestrian trail/bike path. The City recovered close to $500,000 from its public works and construction management contractor and its construction contractor’s surety to fund repair and reconstruction of the trail.
Read MoreNon-Profit Compliance with Public Contracting Laws
The firm provides ongoing advice to California Trout regarding compliance with public contracting and labor and wage laws for state-funded restoration projects.
Read MoreBest Practices Updates
The firm updates various cities’ template contracts to reflect updates to California’s public contracting law and best practices. The firm provides training to City staff on negotiating and entering contracts.
Read MoreEn Garde: China’s National Sword Shakes Up Recycling
China, historically one of the largest markets for recyclable materials, has dramatically tightened restrictions on waste imports. American recyclers in search of new markets are increasingly turning to local agencies for relief. This article discusses shifts in global recycling markets and how some local agencies are adapting to these changes. Agencies that provide curbside recycling have traditionally depended on...
Read MoreVehicle Miles Traveled Replaces Level of Service
Photo Credit: Benjamin Massello via Unsplash Public Agency Update: The time is approaching for agencies to change how they measure CEQA transportation impacts. For land use projects, beginning July 1, 2020, transportation impacts must be measured using vehicle miles traveled (VMT) instead of level of service (LOS). This article explains when public agencies may use each method moving forward. Beginning July 1, 2020,...
Read MoreAll-Electric Reach Codes
In 2019 the Firm advises a number of local jurisdictions and NGOs, including the Building Decarbonization Coalition, the Rocky Mountain Institute, Redwood Energy, the Natural Resources Defense Council, Peninsula Clean Energy, the City of Cupertino, and the City of San Luis Obispo, on the authority of local jurisdictions to phase out natural gas in buildings. This work encourages a number of jurisdictions adopting...
Read MoreWarehouse Approval in Residential Neighborhood Rescinded
After the firm files a CEQA lawsuit challenging the City of Fresno's approval of a large warehouse distribution center across the street from a residential community, the City rescinds the approval in 2019. (Southern Central Neighbors United v. City of Fresno.)
Read MoreReducing Methane Emissions from Natural Gas Distribution
The firm represents the Environmental Defense Fund in proceedings before the California Public Utilities Commission, successfully advocating EDF's position that utilities be required to implement best available technology and practices to reduce methane emissions from the natural gas distribution systems. In 2019 the Commission adopts a decision reducing utilities' rate recovery for these emissions.
Read MoreSMW Ranked Top Tier Nationally Among 2020 “Best Law Firms”
U.S. News and Best Lawyers® have again given Shute, Mihaly & Weinberger LLP a “Tier 1” ranking in four categories among law firms in the San Francisco metropolitan area, and three national awards, including a prestigious “Tier 1” ranking among all firms nationally in Land Use & Zoning Law. View the rankings here.
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