Sean Marciniak is an associate in Miller Starr Regalia's Walnut Creek office. Sean represents public agencies, landowners, and developers in a variety of environmental and land use matters, focusing on litigation and counseling under the California Environmental Quality Act. Sean also has developed proficiency in areas that include the National Environmental Policy Act, the Planning and Zoning Law, the Community Redevelopment Law, takings and exactions, development agreements, initiatives and referendums, Local Agency Formulation Commissions, affordable housing, the Subdivision Map Act, natural resource permitting (including under the Endangered Species Act and Clean Water Act Sections 401 and 404), and emerging laws addressing climate change and sustainable development.
In past years, Sean has helped litigate land use issues in superior and appellate courts across the state, as well as the California Supreme Court. With respect to entitling properties, Sean has shepherded a variety of public and private projects through the appropriate regulatory processes, including terminal expansions and intermodal transport facilities at California's busiest ports, the expansion and improvement of regional hospitals, and major water supply enhancement projects.
Prior to joining Miller Starr Regalia, Sean worked in the environmental and land use practice group at Bingham McCutchen, LLP, and helped write and edit sections of land use practice guides used across the state, including Practice Under the California Environmental Quality Act and Curtin’s California Land Use and Planning Law. Prior to becoming an attorney, Sean worked as an investigator of judicial misconduct with the state of Texas and as an investigative newspaper reporter. His articles have appeared in the Wall Street Journal, the Dallas Morning News and the Houston Chronicle. He is fluent in Spanish.
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EDUCATION
Sean received a J.D. from the University of California Berkeley School of Law (Boalt Hall). While at Boalt Hall, he earned Jurisprudence Awards in Contracts and Criminal Procedure, earned Prosser Awards in Intellectual Property and Civil Procedure, and became a member of the Order of the Coif. During law school, Sean also worked with the criminal division of the U.S. Army Judge Advocate General’s Corps, 10th Mountain Division, in Fort Drumm, N.Y.
Sean also received a Masters in Journalism from the University of California Graduate School of Journalism and a B.A. in English and American Literature from Brandeis University.
PUBLICATIONS
"Climate Change and Sustainable Development," Chapter 22, Curtin's California Land Use and Planning Law, 2010 ed. (editor and primary author)
NEPA Review and Impacts on Climate Change (March 2008)
SPEAKING ENGAGEMENTS
Central California Annual Land Use & Planning Conference, Lex and the City, Avila Beach, Calif. (April 3, 2009)