Beveridge & Diamond

Christopher McKenzie and Michael Murphy Cited in the Toxics Law Reporter

Beveridge & Diamond, P.C., February 9, 2009

Beveridge & Diamond, P.C. attorneys Christopher J. McKenzie and Michael G. Murphy were recently cited in the Toxics Law Reporter for their representation of Gordon Atlantic Corporation, a property owner, in a recently dismissed citizen’s suit brought in the United States District Court for the Eastern District of New York (Incorporated Village of Garden City v. Genesco Inc., et al., No. 07-CV-5244) (E.D.N.Y Jan. 27, 2009).  

Messrs. McKenzie and Murphy obtained a dismissal of numerous statutory and common law claims on behalf of land-owner Gordon Atlantic.  Significantly, Judge Joseph F. Bianco held that informal U.S. Environmental Protection Agency concurrence with a state’s proposed superfund remedial investigation and feasibility study is sufficient to bar a citizen’s suit under the Resource Conservation & Recovery Act when the state has incurred costs and is diligently proceeding with a remedial action. 

For a full copy of the article, entitled "Court Finds Informal EPA Assent to RI/FS Sufficient to Bar RCRA Cleanup Suit," on the Toxics Law Reporter Website, please click here. (Reproduced with permission from Toxics Law Reporter, Vol. 24 (Feb. 5, 2009) p. 180. Copyright 2009 by The Bureau of National Affairs, Inc., (800)-372-1033,