Intro
Sean G. Herman advises and litigates on behalf of clients in natural resource and land use matters. His clients include public agencies like water agencies, sanitation districts, reclamation districts, cities, and counties, as well as residential and commercial developers, private sector manufacturers, and agricultural companies. Sean’s experience includes environmental laws at the Federal, State, and local levels, with a concentration on water quality, water use, water rights, endangered species, property contamination, and environmental review compliance.
Given this focus, Sean regularly advises clients on permitting and litigation under sections 401, 402, and 404 of the Clean Water Act and requirements under the State-equivalent Porter-Cologne Water Quality Control Act; implementation of the Sustainable Groundwater Management Act (SGMA); compliance with the National Environmental Policy Act (NEPA) and the State-equivalent California Environmental Quality Act (CEQA); sections 7 and 10 of the Endangered Species Act and requirements under the State-equivalent California Endangered Species Act; Lake and Streambed Alteration Agreements with the California Department of Fish & Wildlife; hazardous waste management and site investigation, remediation, and cost recovery allocation under the Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the State-equivalent Hazardous Substance Account Act; and supply chain compliance under Proposition 65.
Sean often speaks and writes on environmental law matters, and sits on the Environmental Law Section’s executive committee for the Bar Association of San Francisco. Sean also is an adjunct professor at Golden Gate University School of Law, where he coaches its environmental law moot court team and has taught courses on administrative law and California environmental & land use law.
Areas of Focus
Education
Admissions and Courts
Role
Water Practice Leader
Pro Bono Committee, Member
ABA Water Quality and Wetlands Committee, Vice-Chair
Former Chair of the Barristers Club's Environmental, Land Use, and Real Property Section for the Bar Association of San Francisco
Executive Committee for the Bar Association of San Francisco Environmental Law Section
"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)
Super Lawyers, Environmental Litigation; Environmental; Energy & Natural Resources; Land Use/Zoning (2023-2024)
California Lawyers Association, Wiley W. Manuel Pro Bono Legal Services Award (2019-2023)
Water Education Foundation, William R. Gianelli Water Leaders Class
"Clean Water Act Cases Head to the High Court," co-author, Daily Journal (March 2019)
"California Law Firm Sees Instability and Concern In Clean Water Regulation," co-author, Environmental & Business Journal (September 2018)
"The Politics Of Going Green: Law Needs To Change To Save Our Globe," co-author, Lawyer Monthly (August 2018)
"Practitioner Insights: Maui Groundwater Case Shows Government Retreat Is Bad for Everyone," co-author, Bloomberg Environment (May 2018)
"Supreme Court to Hear "Waters of the United States" Argument this Fall," co-author, Environmental & Natural Resources Law Alert (July 2017)
"How Changes in Federal Wetlands Permitting Under Sackett v. EPA Will Have a Practical Effect on Projects in California," California Land Use Law Conference (June 2024)
"Water Rights in California - Current Issues, Legal Challenges and Recent Trends," presenter, National Business Institute Seminar (January 2021)
"Coffee and Compliance: US Supreme Court’s Ruling on Groundwater Discharges & Impact on Environmental Compliance Programs," panelist, Mapistry Webinar (May 2020)
"Groundwater Discharges, Waters of the US, and Clean Water Act," co-speaker, Mapistry's Pollution Prevention Summit (October 2019)
"Diversity, Inclusion and the Bottom Line: From Pledge to Profitability," co-speaker, The Bar Association of San Francisco (September 2018)
"Environmental Law Basics: Understanding Hazardous Waste," moderator, The Bar Association of San Francisco (November 2017)
"Environmental Basics: Practicing CEQA in California," moderator, BASF Barrister's Environmental, Land Use, and Real Estate Section (November 2016)
"Game Changer: TSCA Amendments and Chemicals in the 21st Century," moderator, BASF Environmental Law Section (July 2016)
"The BP Oil Spill and Evolution of Natural Resource Damages," moderator, BASF Barrister's Environmental, Land Use, and Real Estate Section (June 2016)
“Keeping an Eye on Emerging Contaminants,” speaker, Environmental and Emerging Claim Manager Association Annual Conference (April 2016)
"Prop 65 Basics: Intro to Chemical Regulation," moderator, BASF Barrister's Environmental, Land Use, and Real Estate Section (May 2015)