California Environmental Quality Act & Local Land Use Laws

• Mr. Kinsey has successfully defended dozens of writ petitions challenging development projects throughout the San Joaquin Valley under the California Environmental Quality Act and State Planning and Zoning Law.
• Mr. Kinsey regularly speaks and provides training on issues related to the California Environmental Quality Act and other land use laws.

Representation of Public Agencies

• Mr. Kinsey serves as General Counsel of various special districts, including Madera Irrigation District.
• Mr. Kinsey serves as City Attorney for the City of Mendota.
• Mr. Kinsey provides ethics training (AB1234) for local governments.

Torres v. City of Visalia

• 2022 WL 601936
• Obtained dismissal of an appeal challenging an industrial park based on the argument that full build-out of the park rendered the action moot.

Rodriguez, et al. v. San Joaquin River Conservancy, et al.

• Fresno County Superior Court, Case No. 19CECG01138
• Successfully resolved writ proceeding against State agency that resulted in a settlement affording greater public access to the San Joaquin River.

John R. Lawson Rock & Oil, Inc. v. Air Resources Board

• 20 Cal.App.5th 77 (2018)
• Successfully argued Air Resources Board violated CEQA by using an improper baseline, and the Administrative Procedure Act by failing to adequately assess economic impacts on trucking companies.  In a related appeal, obtained a reversal allowing his client, a trade group, to recover fees under California’s Private Attorney General statute.

POET, LLC v. Air Resources Board

• 10 Cal.App.5th 764 (2017) (pet. review denied)
• Obtained reversal of superior court’s discharge of writ following the California Air Resources Board’s (CARB) readoption of its Low Carbon Fuel Standard, based on CARB’s use of an erroneous baseline under the California Environmental Quality Act.

James L. Harris Painting & Decorating, Inc. v. West Bay Builders, Inc.

• 239 Cal.App.4th 1214 (2015)
• Successfully argued trial court had discretion to deny award of attorneys’ fees under Prompt Payment Statutes where the court found neither party prevailed at trial.

In re Cesar Chavez High School Cases

• 2015 Cal.App.Unpub. LEXIS 1858 (2015)
• Successfully defended appeal of judgment denying general contractor indemnity from subcontractor.

Lee v. City of Fresno

• 2014 Cal.App.Unpub. LEXIS 2103 (2014)
• Successfully defended action against the City of Fresno in the superior court and on appeal in action concerning the former Gottschalks Building on the Fulton Mall under California’s Anti-SLAPP statute.

POET, LLC v. California Air Resources Board

• 218 Cal.App.4th 681 (2013) (pet. review denied)
• Obtained reversal in Court of Appeal in challenge to the California Air Resources Board’s Low Carbon Fuel Standard under CEQA and the California Administrative Procedures Act.

Friends of Roeding Park v. City of Fresno

• 848 F. Supp. 2d 1152 (E.D. Cal. 2012)
• Successfully represented Fresno’s Chaffee Zoo Corporation in action challenging expansion of the Zoo under CEQA and the Land and Water Conservation Fund Act.

Woodward Park Homeowners Association, Inc. v. City of Fresno

• 2011 Cal.App.Unpub. LEXIS 1087 (2011)
• Successfully defended CEQA action in both the superior court and court of appeal challenging the City of Fresno’s approval of the controversial “Fresno 40” project.