Updates and Articles
Remote Meetings Under the Brown Act
Under the Brown Act, legislative bodies must conduct their business in open, public, and noticed meetings. Before COVID-19, decisionmakers, staff, and the public almost always attended meetings in person. Infrequently, public agencies invoked a narrow provision of the Brown Act to allow one or more members to “teleconference” into a meeting from a remote location, provided that the public was given notice and could attend...
Read MoreConstitutional Limits to Abating Homeless Encampments, and Best Practices for a Cooperative Approach
California is home to nearly one-fourth of the nation’s unhoused population, and homelessness in California continues to rise. For example, according to the U.S. Dept. of Housing and Urban Development, from 2019 to 2022, California’s unhoused population increased from approximately 151,000 to 171,000. Of the 171,000 unhoused individuals counted in 2022, 67%, or 115,000 persons, were unsheltered, living in places not...
Read MoreSMW Attorney Presents on Disaster Response to the Association of California Water Agencies
Severely eroded portion of the California Coastal Trail. All photos courtesy of City of Half Moon Bay. SMW attorney Catherine Engberg presented on the topic of disaster response to the Water Quality Committee of the Association of California Water Agencies (ACWA). The 2023 winter storms / atmospheric river severely impacted SMW client City of Half Moon Bay, as well as its sewer agency, Sewer Authority Mid-Coastside...
Read MoreSpreading Good Cheer at the End of The Year
As another year draws to a close, Shute, Mihaly & Weinberger is continuing to make charitable contributions to groups engaged in environmental justice and anti-racism work. “We feel fortunate to be able to continue our tradition of supporting non-profit organizations engaged in environmental justice, anti-racism, and empowerment work, through annual contributions to groups doing this work,” said managing partner...
Read MoreSara Clark Leads Panel Discussion at Yosemite Environmental Law Conference About Beneficial Fire
At the fall 2022 Environmental Law Conference, SMW partner Sara Clark moderated a panel titled “Restoring Beneficial Fire in California.” The conference, sponsored by the California Lawyers Association, is held every year at Yosemite National Park. Panel participants Lenya Quinn-Davidson, Craig Thomas, and Don Hankins discussed the history of fire exclusion in California and the resulting impacts on ecosystems,...
Read MoreSMW Attorney Contributes to Journal of California Supreme Court Historical Society
SMW attorney Pearl Kan was recognized by Rob Mullaney, clinical director of the Aoki Water Justice Clinic at @UCDavisLaw, for her help in an article published in the Journal of the CA Supreme Court Historical Society related to the Clinic’s foundation.
Read MoreSMW Attorneys Speak at National Land Trust Conference
At the Land Trust Alliance’s annual national conference in New Orleans in September, SMW firm members Sarah Sigman and Tamara Galanter shared their expertise with land trust representatives and others in the conservation community. Sarah presented on best practices for preparing the baseline reports that document the condition of the conservation property at the time the landowner enters into the conservation easement...
Read MoreSMW Halts “Underground Regulation” Threatening Solar and Storage Projects
In a settlement with SMW client the California Solar and Storage Association (CALSSA), a state licensing board rescinded regulations that would have prohibited solar contractors from installing solar panels paired with batteries for energy storage. The regulations would have been devastating to California’s solar contractors and their workers, as well as to consumers who are increasingly demanding solar and storage...
Read MoreVacant House Taxes: One Tool to Ease Housing Pressures
Housing affordability – whether buying or renting – remains a critical challenge for California cities and their residents. An April 2022 report from UC Berkeley’s Terner Center for Housing Innovation found that a record number of Californians are housing cost burdened. State housing cost burdens have surged over the last two decades, with home value increases meaningfully outpacing median household income growth over the...
Read MoreHomeless Encampments: Constitutional and Practical Concerns
Shute, Mihaly & Weinberger’s newest partner, René A. Ortega, gave a presentation this past month at the 2022 Hispanic National Bar Association Annual Convention in Washington, D.C. In his talk, titled “Homeless Encampments En Nuestras Comunidades: Navigating Constitutional and Practical Concerns,” Rene and his co-panelists, Mindy Mitchell of Homebase and Mandy Chapman Semple of Clutch Consulting, described solutions...
Read MoreLand Trust Best Practices Presented at National Conference
At the Land Trust Alliance’s annual national conference in New Orleans, SMW firm members Sarah Sigman and Tamara Galanter shared their expertise with land trusts and others in the conservation community. Sarah presented on best practices for preparing the baseline reports that document the condition of the conservation property at the time the landowner enters into the conservation easement and what to do when previously...
Read MoreIn Memoriam: Jonas Minton, True Friend of the Firm
Jonas Minton, Director of the Planning and Conservation League’s (PCL) water program for two decades, passed away suddenly on June 22. Jonas worked tirelessly on water issues in California, applying thoughtful, methodical pressure to help build science-driven consensus on water use in the Delta, the Monterey Peninsula, and elsewhere. His work brought transparency and open communication to contentious water issues. His...
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