Somach Simmons & Dunn

Profile

Mr. Kelly became a shareholder with the firm in 2007 and has been with the firm since 2001. Mr. Kelly is practice focuses on water law, land use, and related environmental matters. He regularly advises clients on complex water right matters and issues related to environmental compliance, the Endangered Species Act, the California Environmental Quality Act, and other water and land use related laws. Mr. Kelly has considerable experience in assisting clients in negotiating and obtaining Streambed Alteration Agreements and Clean Water Act section 404 permits. His experience also includes representing clients before various state administrative agencies in various matters, including permitting and enforcement matters. Mr. Kelly earned his J.D. in 2001 from the University of California at Davis, King Hall School of Law. While attending King Hall, Mr. Kelly was the Managing Editor for Environs, the school's environmental law journal, and also served on the Trial Practice Honors Board. Prior to returning to complete his undergraduate and law degrees, Mr. Kelly worked extensively in the field of civil engineering, including the design of large residential and commercial development projects. He is a member of the State Bar of California.

Areas of Practice Emphasis

Water law, public agency law, water quality, California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), California and federal Endangered Species Acts, land use law.

Prior Positions

Law Clerk: Somach Simmons & Dunn, Sacramento, CA, 2000-2001.

Law Clerk: Edson, LaPlante & Spinelli, Sacramento, CA, Summer 2000.

Law Clerk: Russell A. Newman, P.L.C., Modesto, CA, Summer 1999.

Senior Designer: Thompson-Hysell Engineers, Inc., Modesto, CA, 1996-1998.

Engineering Technician: G.S. Winters & Associates, Berlin, NJ, 1990-1994.

Education

University of California, Davis, King Hall School of Law (J.D., 2001).
California State University (B.A. 1998).

Bar Admissions

State Bar of California, 2001.

Publications

Kelly & Taylor, The Endless Quest: Pursuing the Elusive Administrative Record in CEQA and Related Mandamus Proceedings (2005) Volume 14, No. 1, Environmental Law News 5.

Current Editorial Board Member & former Monthly Articles Contributor, California Water Law & Policy Reporter (a monthly periodical published by Argent Communications Group), September 2001 to present.

Presentations

Panelist, California Water Law Symposium V - Navigating the Labyrinth: Managing Conflict in the Bay-Delta, University of California, Hastings College of the Law, San Francisco, California, Legal, Scientific, and Political Solutions: Mapping Our Way Forward, January 2009.
Speaker, Association of California Water Agencies Spring 2007 Conference, Sacramento, California, Water Transfers - If It's That Important, Why Isn't It Easier?: Overview of Water Transfer Laws and Regulations, May 10, 2007.
Speaker, Lorman Education Services, Water Rights Sales and Transfers in California, Redding, California, Making Water Available for Refuges, February 9, 2006.

Reported Cases

California Farm Bureau Federation v. California State Water Resources Control Board, 146 Cal.App.4th 1126 (2007); El Dorado Irrigation Dist. v. State Water Resources Control Board, 142 Cal.App.4th 937 (2006); Francis A. Orff, et al. v. United States, et al., 545 U.S. 596 (2005).