Updates and Articles
Ninth Circuit Upholds Tribal Court Jurisdiction over Non-Indian Trespassers
The firm represents the Colorado River Indian Tribes in tribal court actions to regain lands from non-Indian holdover tenants, resulting in a watershed Ninth Circuit ruling upholding tribal court jurisdiction. (Water Wheel Camp Recreation Area, Inc. v. LaRance, 642 F.3d 802 (9th Cir. 2011).)
Read MoreDefending the Public Purse Against Unfair Claims
On appeal, the firm secures the reversal of a potentially devastating attorneys' fee award against the Silverado Modjeska Recreation and Parks District. (Silverado Modjeska Recreation and Parks District v. County of Orange, 197 Cal.App.4th 282 (2011).)
Read MoreSMW Sues to Force County to Implement Voter Initiative
The firm prevails in a lawsuit forcing Solano County to comply with Measure E, an initiative that prohibits the importation of solid waste into the County's landfills. (Sierra Club v. Solano County (2011).)
Read MoreQuarry Transformed into Park
The firm advises the City of Saratoga in acquiring a former quarry to be redeveloped as a park subject to a conservation easement and in subsequent park planning and operations. The park opens in 2015 and in 2020 the City opens a trail providing access to Sanborn County Park and, from there, to open space and trails leading to the Pacific Ocean.
Read MoreSettlement Protects Foresthill Community in Placer County
Photo Credit: jen, Flickr, CC BY 2.0 After filing litigation, the firm negotiates a settlement for the Foresthill community in Placer County that limits sprawl development on sensitive rural lands in a high fire risk area and provides protection for the American River. (Foresthill Residents for Responsible Growth v. Placer County (2011).)
Read MoreSMW Defends Program for Protection of Farmland
The court of appeal upholds the authority of local governments to require dedication of conservation easements to mitigate the loss of farmland caused by new development. (Building Industry Assn. of Central California v. County of Stanislaus, 190 Cal. App. 4th 582 (2010).)
Read MoreFirm Assists in Securing Massive Federal Funds for Public Transit Project
In 2010 the firm assists the Transbay Joint Powers Authority (TJPA) in its receipt of a $400 million grant under the federal Stimulus Act and a $171 million loan from the federal government to fund construction of the new transit center.
Read MoreLargest Brownfields Renewal Project in San Francisco Approved at Hunters Point
On behalf of the former San Francisco Redevelopment Agency, the firm negotiates land exchange agreements with the state that will enable the former Hunters Point Naval Shipyard and Candlestick Point to be developed with 300 acres of new parks and more than 12,000 housing units, over 30% of them affordable. The firm drafted the state legislation (SB 792) authorizing the agreements.
Read MoreExploratorium Project Breathes New Life Into Historic San Francisco Pier
The Exploratorium project at historic Pier 15 is approved in 2010 after the firm helps the Port of San Francisco win the support of the State Lands Commission for the project, and becomes one of the most iconic attractions in San Francisco.
Read MoreTakings Challenge to Mobile Home Rent Control Defeated
The firm obtains a landmark ruling from the Ninth Circuit, en banc, rejecting constitutional challenges to Goleta's mobile home rent control ordinance, protecting an important source of affordable housing and preventing displacement. (Guggenheim v. City of Goleta, 638 F.3d 1111 (2010).)
Read MoreSMW and California Trout Secure Greater Flows for Endangered Steelhead
As a result of litigation filed by the firm on behalf of California Trout, the owner of the Vern Freeman Diversion Dam agrees to allow greater water flows into the Santa Clara River to protect steelhead, an endangered migratory fish species. (California Trout, Inc. v. Bureau of Reclamation (2009).)
Read MoreSMW Helps Community Stop A Flawed Power Plant
In 2009 the firm helps the Environmental Health Coalition persuade the California Energy Commission to deny a license to the Chula Vista Energy Upgrade Project, which would have located a power plant in the midst of homes and schools.
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