Updates and Articles
SMW Authors Leading Guide to Hosting Capacity Analyses for Solar and Energy Storage
On behalf of the Interstate Renewable Energy Council, the firm authors a guide for modernizing how renewable energy is integrated into the electric system. The paper, Optimizing the Grid: A Regulator's Guide to Hosting Capacity Analyses for Distributed Energy Resources, is cited by virtually every state in the country that is seeking to modernize its distribution system planning process.
Read MoreSMW Serves Half Moon Bay as City Attorney
In 2017 the firm is selected to serve as the City Attorney of Half Moon Bay.
Read MoreCalifornia 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 677 (2017).)
Read MoreAppellate 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).)
Read MoreSMW Contributes to the Land Conservation Movement at the National Level
Photo credit: DJ Glisson, II / Firefly Imageworks From 2017-2020, firm partner Tamara Galanter serves on the Land Trust Alliance Conservation Defense Advisory Council, working on land conservation issues at the national level.
Read MoreSolar Eclipse Brings Call to Action From State Energy Officials
Everyone is gearing up for the eclipse next Monday, August 21, 2017. We all know that the Pacific Northwest will experience a total solar eclipse and that we’ll have a partial eclipse here in California. Less well known is the fact that we stand to temporarily lose 5,600 megawatts of solar electricity when the moon obscures the sun. A coalition of state agencies is urging residents, businesses, and public agencies to add...
Read MoreState Updates Requirement to Reduce Waste from Construction and Demolition Projects
On January 1, 2017, the 2016 California Building Standards Code went into effect, including an updated edition of the California Green Building Standards Code, otherwise known as CALGreen. One of the most notable changes in the 2016 edition of CALGreen is a new statewide requirement that at least 65 percent of waste from new construction and demolition (“C&D”) projects be recycled and/or salvaged for reuse. Before...
Read MoreDespite Recent Uptick in Developer-Sponsored Initiatives, Voters Remain Wary
Photo credit: Joe Mabel, CC BY-SA 3.0, via Wikimedia Commons In Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029, the California Supreme Court held that CEQA does not apply to voter-sponsored initiatives, even where the initiative is adopted by local officials rather than the voters. Since that decision, California cities and counties have seen a sharp increase in development projects...
Read MoreDefending Local Control of Land Use
By Andrew Schwartz Odds are that President Trump’s Executive Order calling for “review” of President Obama’s Clean Power Plan and designation of national monuments are just the start of his administration’s efforts to eviscerate federal regulations that protect the environment. The potential dismantling of federal environmental protections presents an opportunity for states and local governments to back-fill holes in...
Read MoreCalifornia Supreme Court Sheds Light on How Public Agencies Should Manage E-Communications Consistent with the California Public Records Act
On Thursday, the California Supreme Court issued its decision in City of San Jose v. Superior Court, holding that writings that concern public business may be subject to the California Public Records Act (CPRA) even if they are sent and received using private accounts. Recommended Best Practices The Court highlighted how public agencies, employees, elected representatives, and other officials can manage their...
Read MoreState Lawmakers Limit Local Control of Accessory Dwelling Units
Citing California’s housing shortage, state lawmakers recently took aim at local jurisdictions’ review of accessory dwelling units. These units—also known as second units, in-law apartments, or granny flats—can be a valuable form of housing for family members, students, the elderly, care providers and others, sometimes at below market prices within existing neighborhoods. But local jurisdictions note that the development...
Read MoreConservation Easements as Mitigation Measures: Tips for Public Agencies
With the continuing loss of open space and farmland to development, more and more agencies seek to mitigate these losses by requiring developers to preserve equivalent land on- or off-site. Conservation easements offer a flexible tool for achieving open space protection, and the courts have upheld easement requirements as legally adequate mitigation for farmland and open space conversions. Unlike other land preservation...
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