HOME :: SELECTED REPRESENTATIONS :: NYC DISTRICT ATTORNEY POLLUTION PROSECUTION

SELECTED REPRESENTATIONS

NYC District Attorney Pollution Prosecution

In a case of first impression, Sullivan Gardner achieved singular success in obtaining a pre-trial dismissal of a politically charged environmental criminal prosecution instituted by the Brooklyn District Attorney's Office and Robert Kennedy's Riverkeeper organization. In 2005, a construction related company was indicted for polluting the Newtown Creek. In addition to noting certain technical regulatory deficiencies, the firm contended that absent the institution of enforcement by the New York State Department of Environmental Conservation, the DA was without authority to enforce the air and water pollution standards of the Environmental Conservation Law. The Court agreed with this and other arguments and dismissed the matter in its entirety. The firm is currently fighting the appeal filed by the DA's Office.