Beveridge & Diamond

Beveridge & Diamond Trims Toxic Tort Claim on Motion to Dismiss

Beveridge & Diamond, P.C., December 6, 2007

Litigators from the Firm's Washington Office secured the dismissal in Virginia state court of a claim that odors, gases and particles from the client's application of organic fertilizer to forest land constituted common law trespass. The Surry County, Virginia Circuit Court also ruled that the plaintiffs claim for injunctive relief was preempted by the client's permit to apply biosolids (treated sewage sludge) under state law. The Court also agreed with Beveridge & Diamond's arguments that visitors to the plaintiffs property could not bring nuisance and trespass claims. The Court wrote a published opinion and the the Virginia Lawyers Weekly published a feature article regarding the case.