Beveridge & Diamond

B&D Client Prevails in New York State Court of Appeals

Beveridge & Diamond, P.C., June 27, 2008

Caithness Long Island, LLC, an independent power producer, can proceed with its 350 MW natural gas-powered electric generation facility under construction in Yaphank, NY, thanks, in part, to the work of Beveridge & Diamond, P.C. attorneys, Steve Gordon and Michael Murphy. New York State's highest court denied a motion to appeal an earlier dismissal of a law suit against Caithness, the Long Island Power Authority (LIPA) and Iroquois Gas Transmission Systems. The ruling upholds a prior lower court holding that LIPA's environmental review of the 350-megawatt Caithness project met all requirements in accordance with the New York State Environmental Quality Review Act (SEQRA).

In May 2004, LIPA selected the Caithness Long Island Energy Center to be the first major baseload power plant to be constructed on Long Island in over thirty years. Beveridge & Diamond assisted Caithness from the beginning of the process, i.e., helping to prepare a response to an RFP from LIPA and, after the project was selected, securing all permits and authorizations for construction. This is the first power project approved since the State's one-stop shopping siting law expired. Beveridge & Diamond attorneys had to get individual permits from every local, county, state, and federal agency with jurisdiction. The law suit was filed in the course of securing the numerous approvals, contending that a "hard look" had not been taken at all environmental aspects. 

This is only one of five lawsuits brought against the project, none of which has prevented the project from going forward. Beveridge & Diamond acted as environmental and permitting counsel, and then acted as counsel or co-counsel on the five lawsuits.