Tim Jones and John P. Kinsey successfully challenged proposed modifications adopted by the California Air Resources Board (“CARB”) to the “Truck and Bus Regulation,” which adversely affected trucking companies that had diligently and timely complied with the original regulation. The Court found CARB violated the California Environmental Quality Act by using an improper environmental baseline, as well as the Administrative Procedure Act by failing to adequately assess the economic impact of the modifications on compliant trucking companies. In a related appeal, the firm successfully argued the petitioners were entitled to an award of attorneys’ fees under Section 1021.5 of the Code of Civil Procedure. Mr. Kinsey argued both cases on appeal.
John R. Lawson Rock & Oil, Inc. v. Air Resources Board (2018)
May 18th, 2021