Sean G. Herman

Water Rights and Water Rates

• Bring Back the Kern v. City of Bakersfield, 2025 WL 984395 (April 2, 2025) (published). Represent agricultural company in challenge over whether allocating Kern River water to address “fish in good condition” requirements under Fish & Game Code section 5937 must comply with the California Constitution’s “reasonable use doctrine,” resulting in case law favoring client’s position.
• Las Posas Valley Water Rights Coalition v. Fox Canyon Groundwater Management Agency, County of Santa Barbara Superior Court, Case No. VENCI00509700 (2023). Trial counsel for waterworks districts in one of the first groundwater rights adjudications brought under the streamlined groundwater adjudication procedures for the Sustainable Groundwater Management Act.
• Palmer v. City of Anaheim, 90 Cal.App.5th 718 (2023). Represent coalition of public agencies as amici curiae over concerns with voter-approval requirements under Proposition 218 in a challenge to water and electric utility rates, resulting in opinion favoring clients’ position.
• Plata v. City of San Jose, 74 Cal.App.5th 736 (2022). Represent coalition of public agencies as amici curiae over concerns with the Government Claims Act compliance on a Proposition 218 challenge to water rates, resulting in opinion favoring clients’ position.

Stormwater and Floodwater

• Trial counsel for agency representing cities, water districts, and private utilities that supply water in the San Francisco Bay Area over whether a water quality control plan’s in-stream flow requirements comply with Porter-Cologne Water Quality Control Act and California Constitution’s “reasonable use doctrine.”
• Litigation counsel for property owners facing property damage from defective stormwater and floodwater infrastructure.
• Defend industrial manufacturer against citizen suit under the Clean Water Act and RCRA involving alleged hexavalent chromium discharges to groundwater, resulting in resolution in which client was neither found liable nor required to pay penalties, fees, or costs.
• Advise wastewater treatment operator on achieving Clean Water Act permit compliance through collaborating with Regional Water Quality Control Board.

Contamination Investigation, Remediation, & Litigation

• Represent chemical manufacturer in litigation and arbitration for allocating investigation and remediation costs involving a Superfund site in Kentucky.
• Advise property owner on investigating and remediating property contaminated with perchloroethylene (PCE or perc) from a former dry cleaner, including working collaboratively with state and local regulators on obtaining long-term closure.
• Litigation counsel for city pursuing contribution claims under CERCLA against manufacturer involving for dioxin contamination, resulting in settlement that ensured prompt cleanup and beneficial reuse of city land.
• Defend transit agency in enforcement action under Fish & Game Code for petroleum spill, resulting in prompt cleanup and settlement through collaboration with regulator.
• Defend company against fraud, waste, and abuse investigation relating to Underground Storage Tank Fund claims, which resolved the investigation with no finding of any liability.

Natural Resources & Protected Species

• Spencer v. City of Palos Verdes Estates, 88 Cal.App.5th 849 (2023). Appellate counsel for clients enforcing threats and violence that deterred coastal access as unpermitted “development” under the California Coastal Act, resulting in case law favoring clients’ position.
• Advise transit districts on permitting strategies for zero-emission infrastructure projects involving the Endangered Species Act, Clean Water Act, and McAteer-Petris Act.
• Defend air quality management district against challenge under Proposition 218 concerning mobile source emission grants, resulting in judgment in district’s favor.
• Advise school district on wetlands permitting for affordable housing development, including compliance with Clean Water Act, Porter-Cologne Act, Fish & Game Code, and CEQA.
• Advise developer on obtaining wetlands permits (section 404 and 401 of Clean Water Act) and streambed alteration agreement under Fish & Game Code.

"Hanson Bridgett Secures Water Rights for Ventura County and Ventura County Waterworks Districts 1 and 19" (July 2023)

"Court Revives California Public Beach Harassment Case," Law360 (March 2023)

“Settling Clean Water Act Citizen Suits,” Storm Water Solutions (July 2022)

“Idaho Couple Returns to Supreme Court to Wage New WOTUS War,” E&E News (January 2022)

“Biden Races Courts for Chance to Torpedo Trump Water Rule,” E&E News (April 2021)

“What a Kavanaugh Court Means for Environmental Law,” E&E News (September 2020)

“EPA Narrows States’ Veto Power Over Infrastructure Projects (4),” Bloomberg Law (June 2020)

“Clean Water Act Test 'Will be Litigated for Years to Come,'” E&E News (April 2020)

“State and Local Governments Create Alliances to Fight Climate Change as Trump Administration Rolls Back Efforts to Impact Air Regulations,” Environmental Business Journal (Winter 2019)

“Pruitt Tries to Bulletproof Waters Rule Repeal Before Exit,” Bloomberg Environment (July 2018)