Updates and Articles
Ninth Circuit Provides Further Clarity on the Limits of Regulatory Takings
On April 23, 2018, in Colony Cove Properties, LLC v. City of Carson, the Ninth Circuit Court of Appeals reaffirmed the broad leeway local governments have to regulate the use of property without causing a “taking” under the under the Takings Clause of the Fifth Amendment. The court reversed a nearly $8 million jury verdict against the City of Carson based on the City’s application of its mobile home rent control ordinance....
Read MoreSB 827 Comes . . . and Goes
In a previous edition of In the Public Interest, we provided a summary of the legislation enacted by the State in 2017 to address California’s growing housing crisis. Since then, a new, highly controversial housing bill—SB 827—has come and gone. Senator Scott Weiner introduced SB 827 in January of this year. If approved, the bill would have exempted residential projects proposed along major transit corridors, like train...
Read MoreSB 50: The Legislature Attempts to Protect National Parks, Erects New Hurdles for Local Development
The year 2017, probably like 2018 and years to come, was marked by legal conflict between the State of California and the federal government. Hidden amidst higher-profile state enactments was SB 50, a statute that looks on the surface like a mostly-procedural conservation measure but that will have substantial practical effects for many local agencies. Blocking Privatization of Public Land The federal government owns...
Read MoreNew Requirements for Local Energy Storage Permitting Processes
The State is taking numerous steps to encourage energy storage in California. Cities and counties will have important roles to play as well. Assembly Bill (AB) 546, passed last year, includes specific local permitting obligations. SMW attorney Erica McConnell provides an overview of the new law. Energy storage has sometimes been referred to as the “holy grail” of clean energy transformation, in part because it has the...
Read More2017 Housing Law Update
It is no secret that California is in the grips of a serious housing crisis. According to one study, less than 50% of households in the state can afford housing.* Real estate prices have risen 15% since 2009, while median incomes have risen just 5%. And California has well over 100,000 residents without homes; 25% of the nation’s entire homeless population lives in California. A significant factor contributing to this...
Read MoreTribal Participation Results in Revised Solar Project
When initially proposed, the Palen Solar Project would have involved scraping thousands of acres of the Mojave Desert to make a perfectly level site suitable for solar thermal technology. A later iteration would have involved 700-foot solar power towers, a technology known to harm birds, bats, and insects, including those of cultural significance. Throughout these proceedings, SMW assisted the Colorado River Indian Tribes...
Read MoreSelection of Asset Manager for Public Facility
The firm assisted the Transbay Joint Powers Authority (TJPA) in the procurement for an asset manager to manage the Salesforce Transit Center operations, public spaces, and retail leasing in San Francisco.
Read MoreStreamlining Agency Operations with Electronic Signatures
Does your agency require “wet-ink” signatures on contracts, resolutions, or permit applications? In California, use of electronic signatures has been valid since 2000. With public agencies increasingly conducting business electronically during the COVID-19 pandemic, more are accepting and using e-signatures for certain official documents. Read on for an overview of the laws surrounding electronic signatures and for...
Read MoreThe Public Doctrine, Climate Change, and the Coast
A new report from Stanford University's Center for Ocean Solutions discusses the impact of sea level rise on the increasingly constrained California coast, and how the public trust doctrine can provide a framework for coastal adaptation through long-term planning and decision making. Authored by a working group of authorities on coastal land use and public trust, including SMW attorney Bill White, the report recommends...
Read MoreStopping A Fire Trap at the Wildland-Urban Interface
Pressing claims under CEQA and the city's own Code, the firm obtains an appellate victory in its challenge to the City of Brea's approval of a residential subdivision in a fire-prone canyon abutting Chino Hills State Park. (Hills For Everyone v. OSLIC Holdings LLC (2017).)
Read MoreSMW Defends Cap and Trade Auction
The firm represents the Environmental Defense Fund and Natural Resources Defense Council as intervenors in successfully defending the state's auction of greenhouse gas emission allowances under AB 32's cap and trade program. (California Chamber of Commerce v. State Air Resources Board, 10 Cal. App. 5th 604 (2017).)
Read MoreSMW Enforces Fairfield’s Urban Growth Boundary
On behalf of the Solano County Orderly Growth Committee, the firm successfully challenges Solano County's approval of a large subdivision development proposed on lands serving as an important buffer between urban development and working farms and natural open space. The Project would have required water and sewer services from the City of Fairfield in contravention of the City's urban limit line adopted by voter...
Read More