SHUTE, MIHALY & WEINBERGER
Attorneys at Law
396 Hayes Street
San Francisco, California 94102
Telephone: (415) 552-7272
Telecopier: (415) 552-5816
E. Clement Shute, Jr.
General Experience:
Almost 30 ycars of day to day involvement in environmental and land use issues at
the legal, policy and political levels. In depth knowledge of how the legislative
process functions. In depth experience with the workings of administrative agencies.
Thorough familiarity with environmental and land use issues of public concern.
Professional Experience:
Shute, Mihaly & Weinberger
San Francisco, California
February 1980 to present
- Extensive experience with environmental and land use issues including litigation,
and drafting legislation and regulations.
- Extensive experience with the California Environmental Quality Act including
involvement in landmark cases establishing basic requirements for environmental impact
reports, drafting legislation and portions of the State CEQA Guidelines and representing
clients in all aspects of CEQA compliance, including litigation challenging EIRs,
defense of EIRs and advising on preparation of adequate environmental documents.
Similar experience with the National Environmental Policy Act.
- Substantial litigation and legislative experience with all aspects of takings
issues including representing Tiburon in Agins v. Tiburon 447 U.S. 255 1980
- Extensive involvement in Lake Tahoe issues including drafting revisions to the
1980 Tahoe Regional Planning Compact and representation of environmental group in
litigation which enjoined development contrary to the Compact. People of California
v. Tahoe Regional Planning Agency, 766 F2d 1306 (9th Cir. 1985).
- Major involvement in wetland issues under the Clean Water Act including involvement
with U.S. Army Corps of Engineers and EPA.
- Major experience with the Endangered Species Act including preparation of and
litigation over habitat conservation plans.
- Counsel to a joint powers agency for waste management which involves planning
for waste management and development of publicly owned facilities for integrated
waste management.
- Court appointed Referee in complex case involving the last remaining significant
wetlands in Los Angeles County. Friends of Ballona Wetlands v. The California Coastal
Commission. Los Angcles County Superior Court, West District, No. C 525 826.
Recently mediated stipulated judgment among all parties which has been approved by
the court.
- Major clients include the University of California, East Bay Regional Park District,
Alameda County Waste Management Authority, Homestake Mining Co. and League to Save
Lake Tahoe.
California Department of Justice
Office of the Attorney General
1964 to February 1980
- Participated in development of program which regulates filling in San Francisco
Bay by drafting legislation, testifying and lobbying for legislation, advising the
San Francisco Bay Conservation Commission on all legal matters and handling all litigation
for that agency (1965-1980). Major legal issues included public trust doctrine and
takings law.
- Participated in legislation leading to the creation of the California Coastal
Commission. Aided in setting up the initial program of the Commission by drafting
regulations and participating in the defense of initial challenges to the Commission.
- Participated in the development of case law under the California Environmental
Quality Act (Public Resources Code section 21000 et. seq.), by acting as amicus curiae
in significant CEQA cases.
- Brought general environmental protection litigation such as injunction action
to prevent clear cutting pending acquisition of portions of Redwood National Park.
Administrative Experience:
- Extensive administrative and management experience including Assistant Attorney
General in charge of 22 attorneys (1975-1980) and senior partner in 14 attorney law
firm (1980 to present).
Bar Memberships:
(Admitted to practice 1964)
Member of Bars of State of California, U.S. Supreme Court, U.S. Circuit Court of
Appeals for the Ninth Circuit, U.S. District Courts for the Northern, Eastern and
Central Districts of California.
Related Experience:
Executive Editor of Land Use Forum, published by CEB, University of California -
1991 to 1995.
Member of City of Alameda land use subcommittee for reuse planning for Alameda
Naval Air Station - March 1993 to 1995.
Vice President and member of Board of Directors of Save San Francisco Bay Association
- 1987 to 1990.
Vice President and member of Board of Directors of Greenbelt Alliance - 1986 to 1990.
Adjunct Professor, Hastings College of the Law,
University of California - 1980 to 1983.
Vice Chair of State Bar Committee on Environmental Legislation - 1978 to 1980.
Adjunct Professor, School of Environmental Design,
University of California at Berkeley - 1979 to 1981.
Adjunct Professor, San Francisco State University - 1976 to 1980.
Adjunct Professor, School of Public Administration,
Golden Gate University - 1973 to 1976.
Education:
Boalt Hall School of Law, J.D. - 1964
University of California at Berkeley
B.S. in Business Administration - 1961
Harvard University
Completed program in Environmental Policy and Management - 1978
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