Shawn D. Hagerty

Partner

Tel: (619) 525-1327

Location(s)

At a Glance

A unique aspect of Shawn’s practice is his focus on the relationship between land use and water.

He has taught land use and planning classes at the University of California, San Diego Extension.

Shawn is a member of BB&K’s Executive Committee.

Shawn Hagerty works with public agencies in California and throughout the United States to solve complex legal problems, with an emphasis on federal and state water quality and water supply laws. His years of experience serving as both general and special counsel to public agencies give him a deep understanding of the best practices, trends and approaches necessary to obtain permits for, and successfully implement, small and large-scale water quality and water supply projects. Because of Shawn’s experience as a city attorney, a unique aspect of his practice is his focus on the relationship between land use and water.

Water Quality 
Shawns practice involves helping his public agency clients assess and comply with the numerous federal and state water quality regulations. This includes work under the Clean Water Act, the Safe Drinking Water Act and the state equivalents to these federal laws. He advises clients regarding the obtaining of, and compliance with, National Pollutant Discharge Elimination System permits, and represents clients in administrative actions regarding such permits. His work includes stormwater permits, industrial permits (including construction), permits for publicly owned treatment works, water supply permits and 404 permits/401 certifications. It also includes related work triggered by the Endangered Species Act and other federal and state environmental laws that are involved in water quality and water supply projects. Shawn works with the Environmental Protection Agency and state water quality officials on these matters.

 Representative Matters 

  • Representing the City of Santa Maria in its effort to create an Integrated Plan to consolidate all of its water quality and water supply obligations under one comprehensive, watershed-based plan
  • Representing the City of Ventura in an action challenging the Citys use of water from the Ventura River due to alleged impacts on steelhead trout
  • Representing the City of Santa Barbara in connection with the restarting of its desalination facility, including obtaining updated water quality permits for the facility
  • Representing a large number of federal and state associations in connection with a U.S. Ninth Circuit Court of Appeals case involving the novel conduit theory of liability under the Clean Water Act
  • Representing the City of Manvel, Texas, in connection with long-term water supply and water quality planning and implementation
  • Serving as a water quality expert in a successful federal district court jury trial


Municipal Law and Land Use
In addition to his water quality and water supply experience, Shawn provides both general and special counsel services to California cities and public agencies regarding general governance and land use issues. Since 2003, Shawn has served as city attorney for the City of Santee, Calif. Since 2009, he has also served as corporate counsel to Civic San Diego, a nonprofit corporation that provides permitting, economic development and project management services to the City of San Diego in specific portions of the City. As counsel to these and other California entities, Shawn has developed experience in governance and land use matters applicable to California cities and public agencies.

He has taught land use and planning classes at the University of California, San Diego Extension, and presents at seminars for organizations such as the California Stormwater Quality Association, the National Association of Clean Water Agencies, the International Municipal Lawyers Association, the Texas City Attorneys Association, the Association of California Water Agencies, the California County Counsels Association, the Association of Environmental Professionals and other planning organizations.
 
Shawn is a member of BB&K’s Executive Committee. He is licensed to practice law in the State of California.

Education

  • University of Wisconsin, J.D., with honors
  • College of William and Mary, B.A., with honors, religion


Awards

  • International Municipal Lawyers Association Amicus Service Award, 2016
  • San Diego Super Lawyers, Environmental Law, 2007, 2014-2017
  • The Best Lawyers in America®, Land Use & Zoning Law, 2016

 

  • California Stormwater Quality Association
  • National Association of Clean Water Agencies
  • International Municipal Lawyers Association

 
Waters of the U.S. Rule to Go to Supreme Court
Legal Alerts Jan 18, 2017

Waters of the U.S. Rule to Go to Supreme Court

Nation’s High Court Agreed to Hear Challenges to Controversial Rule

California Supreme Court Requires State to Fund Local Stormwater Programs
Legal Alerts Aug 29, 2016

California Supreme Court Requires State to Fund Local Stormwater Programs

Funding Sources Potentially Impacted for Cities and Counties

Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges
Legal Alerts Feb 22, 2016

Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges

Nationwide Stay of WOTUS Rule Remains in Effect

Federal Judge Halts Implementation of Waters of the United States Rule
Legal Alerts Aug 28, 2015

Federal Judge Halts Implementation of Waters of the United States Rule

Injunction Applies Only to 13 States That Are Parties to the Case




 

  • “Developments in Water Law,” BB&K Legal Alert, June 10, 2014
  • “EPA Issues Proposed Rule Interpreting Jurisdictional Reach of Clean Water Act,” BB&K Legal Alert, April 21, 2014
  • “Waters of the US: EPA Seeks Input to Clarify Scope of Clean Water Act,” BB&K Legal Alert, April 4, 2014
  • “EPA Proposes Water Quality Standards For Preventing Degradation of Water Bodies,” BB&K Legal Alert, Sept. 12, 2013
  • “Ninth Circuit Says Los Angeles County Flood Control District is Liable for River Pollution,” BB&K Legal Alert, Aug. 9, 2013
Press Releases Jan 20, 2017

San Diego Super Lawyers and Rising Stars 2017

Congratulations to the BB&K Attorneys Recognized for their Work

Shawn Hagerty Video Bio
Videos Dec 5, 2016

Shawn Hagerty Video Bio

Partner

Press Releases Oct 5, 2016

Two BB&K Partners Named Among 100 Influential Leaders in San Diego

Partners Warren B. Diven and Shawn D. Hagerty Recognized by The Daily Transcript

Event Sep 28 - Oct 2, 2016

IMLA’s 81st Annual Conference

International Municipal Lawyers Association

Press Releases Aug 15, 2016

20 BB&K Attorneys Make Best Lawyers in America 2017 List

Two Named Lawyers of the Year

EPA Staff Divided on Allowing CWA Permits for Groundwater Discharges
BB&K In the News May 26, 2016

EPA Staff Divided on Allowing CWA Permits for Groundwater Discharges

BB&K Partner Shawn Hagerty Discusses Clean Water Act Issues

Event May 19, 2016

The NPDES Permit Program: 40+ Years New

American Law Institute Clean Water Act 2016 CLE

BB&K In the News May 10, 2016

NACWA Asks Court to Scrap EPA ‘Underground’ Water Testing Mandate

An Amicus Brief Authored by BB&K on Behalf of NACWA Is Discussed in InsideEPA.Com Article

Press Releases Apr 21, 2016

BB&K Partners Shawn Hagerty and Andre Monette Honored by IMLA

They Received an Amicus Service Award for Their Work on a Maui Water Quality Matter

Event Feb 8, 2016

Ocean Desalination: Examining Technical, Regulatory and Practical Solutions

The Seminar Group

Press Releases Jan 26, 2016

Seven BB&K Attorneys Recognized by 2016 San Diego Super Lawyers Magazine

Five Partners on Super Lawyers List, Two Additional Attorneys on the Super Lawyers Rising Stars List

Client Successes Dec 4, 2015

Catalina Island Desalination Unit

Team of BB&K Attorneys Help Draft Agreement to Boost Freshwater Supply on Island

Event Oct 16, 2015

2015 Education Seminar - Water Supply & Impacts

International Right of Way Association

Event Oct 8, 2015

California Water Law: The Drought, the Delta and the Future

CLE International

Event Oct 4-6, 2015

2015 IMLA Annual Conference

International Municipal Lawyers Association

Press Releases Aug 17, 2015

19 BB&K Attorneys Included on the 2016 Best Lawyers in America List

Partner Iris Yang and Of Counsel Joseph Coomes Selected as Lawyers of the Year

Event Mar 9, 2015

California Land Use Law & Policy

Argent Communications Group

Press Releases Jan 22, 2015

Six BB&K Attorneys in San Diego Included on the 2015 List of San Diego Super Lawyers or Super Lawyer

Congratulations to These Attorneys

Event Nov 13-14, 2014

What Works in Conservation: Tools for Rethinking Water, Quantifying Value, and Thriving in our Landscapes

California Resource Conservation Districts

Event Oct 7, 2014

Hydrology and the Law

Law Seminars International