Updates and Articles
Vehicle 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Read MoreWarehouse Approval in Residential Neighborhood Rescinded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.
Read MoreDeveloper Withdraws Plans for San Diego County Sprawl Project
Thanks in large part to the firm's advocacy on behalf of the Endangered Habitats League, in 2019 an applicant withdraws its plans to develop the Warner Ranch project just before it was slated for its hearing before the San Diego County Planning Commission. The project, widely recognized as yet another leapfrog development in San Diego's fire-prone backcountry, would have destroyed habitat for myriad rare and endangered...
Read MoreProject Descriptions in CEQA: Too Much Flexibility Is a Bad Thing
Photo credit: Sharon VanderKaay, Flickr, CC BY 2.0 In Stopthemilleniumhollywood.com v. City of Los Angeles, 39 Cal.App.5th 1 (2019), the Second District Court of Appeal provided further guidance regarding how specific or flexible a project description can be when undergoing CEQA analysis. The applicant proposed a mixed use development that included the historic Hollywood Capitol Records Tower as well as residences,...
Read MoreTriannual State Building Code Update Presents an Opportunity for Local Governments to Decarbonize Homes and Buildings
As part of California’s effort to tackle climate change, local jurisdictions throughout the state are taking steps to reduce greenhouse gas (“GHG”) emissions from homes and buildings. Such efforts play a vital role in achieving the state’s ambitious climate goals. These goals include generating 100% carbon-free electricity by 2045, as required by SB 100; achieving economy-wide carbon neutrality by 2045, per Executive Order...
Read MoreDefending Agricultural Land Against Sprawl
The firm wins a victory in the court of appeal under the Subdivision Map Act. The court invalidates the approval of the Hoskings Ranch project, a luxury development disguised as an agricultural project in rural San Diego County. (Cleveland National Forest Foundation v. County of San Diego, 37 Cal.App.5th 1021 (2019).)
Read MoreSMW Becomes General Counsel to RecycleSmart
In 2019, the firm is selected to serve as the General Counsel to the Central Contra Costa Solid Waste Authority (RecycleSmart), administering franchise agreements for recycling, compost, and solid waste diversion and disposal for five cities and a portion of the County.
Read MorePublic On-Demand Shuttle Service Fills Transit Gaps in Cupertino
The firm assists the City of Cupertino in launching an on-demand shuttle service in 2019 to provide transportation anywhere in Cupertino and to nearby mass transit, thereby reducing the use of single-occupancy automobiles.
Read MoreAll-Electric Reach Code Reduces New Construction’s Carbon Footprint in Cupertino
In 2019 the firm drafts, and advises the City of Cupertino in adopting, one of the first all-electric reach codes, dramatically reducing the carbon footprint of new construction that might otherwise be served by natural gas.
Read More