Scarinci Hollenbeck Achieves Successful Result on Behalf of R&K Associates, LLC in a Case Tried in the Office of Administrative Law (“OAL”)
Scarinci Hollenbeck is pleased to announce that John M. Scagnelli and William A. Baker of the firm’s Environmental & Land Use Law practice group achieved a successful result on behalf of R&K Associates, LLC in a case tried in the Office of Administrative Law (“OAL”) and upheld in a Final Decision by Katherine R. McCabe, Commissioner of NJDEP. The case is captioned R&K Associates, LLC v. New Jersey Department of Environmental Protection and Des Champs Laboratories, Inc., OAL Dkt. No. ESR-13443-17. To date, there have been three Appellate Division decisions, an OAL trial and an OAL hearing.
Results may vary depending on your particular facts and legal circumstances
The case involves the interpretation of the New Jersey Industrial Site Recovery Act (“ISRA”) de minimis quantity exemption statute. R&K is the owner of a property with groundwater contamination. Des Champs Laboratories, the prior property owner, sold the property to R&K in 1997 and obtained ISRA compliance with a negative declaration NFA approval. In 2008, NJDEP rescinded Des Champs’ NFA approval and ordered Des Champs to undertake groundwater remediation. Des Champs argued that it qualified retroactively for an ISRA de minimis quantity exemption and did not have to remediate the groundwater. The OAL and the NJDEP Commissioner, in her Final Decision, ruled that Des Champs failed to meet its burden of proof by a preponderance of the evidence to show that it met the criteria for an ISRA de minimis quantity exemption.
According to Mr. Scagnelli and Mr. Baker, the Commissioner’s Final Decision is significant because it establishes a burden of proof standard for parties applying for a de minimis quantity exemption under the ISRA statute.
Business Journal NJBIZ Names Ronald S. Bienstock and William C. Sullivan, Jr. Leaders in Law
Ronald S. Bienstock and William C. Sullivan, Jr. of Scarinci Hollenbeck Recognized as 2025 Leaders in Law by NJBIZ Little Falls, NJ – March 6, 2025 – One of New Jersey’s leading business journals, NJBIZ, has recognized Ronald S. Bienstock, Partner and Chair of the Intellectual Property Group, and William C. Sullivan, Jr., Partner and […]
Scarinci Hollenbeck Named Among 2025 Best Companies to Work For
Scarinci Hollenbeck Named in U.S. News & World Report’s 2025 Best Companies to Work For Law Firms Little Falls, NJ – March 4, 2025 − U.S. News & World Report, the global authority in rankings and consumer advice, has named Scarinci & Hollenbeck, LLC one of the best law firms to work for in its […]
Donald M. Pepe and Donald Scarinci Named to 2025 ROI-NJ Influencers: Law List
ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Little Falls, NJ – February 26, 2025 – Partner and Chair of Scarinci & Hollenbeck, LLC’s Commercial Real Estate Department Donald M. Pepe and Founding & Managing Partner Donald Scarinci have once again been named to ROI-NJ’s Influencers: Law […]
Tax, Trusts and Estates Partner Marc J. Comer and Three Senior Associates Join Scarinci & Hollenbeck, LLC
Tax, Trusts and Estates Partner Marc J. Comer and Three Senior Associates Join Scarinci & Hollenbeck, LLC Little Falls, NJ – February 20, 2025 – Scarinci Hollenbeck, LLC is pleased to announce the addition of one new Partner. The firm also welcomes three Senior Associate attorneys. The expansion strengthens the firm’s capabilities across several practice […]
Scarinci Hollenbeck Attorneys Launch New BNI Chapter in NYC
Pioneering Networking Opportunities: James M. Meaney, Jesse M. Dimitro, and Christopher D. Warren Lead Initiative to Enhance Business Collaboration and Growth New York, NY – February 13, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that James M. Meaney, Jesse M. Dimitro, and Christopher D. Warren have taken the initiative to establish a […]
John M. Scagnelli Speaks at Annual Redevelopment Law Institute
John M. Scagnelli Featured as Panelist on “The Impact that the Proposed Resilient Environments and Landscapes (NJ PACT) Regulations will have on Redevelopment” Little Falls, NJ – January 29, 2025 – Scarinci & Hollenbeck, LLC is proud to announce that Partner John M. Scagnelli, a member of the firm’s Environmental Law section, was recently featured […]
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New Jersey Environmental Attorneys Successful in Office of Administrative Law
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Achieves Successful Result on Behalf of R&K Associates, LLC in a Case Tried in the Office of Administrative Law (“OAL”)
Scarinci Hollenbeck is pleased to announce that John M. Scagnelli and William A. Baker of the firm’s Environmental & Land Use Law practice group achieved a successful result on behalf of R&K Associates, LLC in a case tried in the Office of Administrative Law (“OAL”) and upheld in a Final Decision by Katherine R. McCabe, Commissioner of NJDEP. The case is captioned R&K Associates, LLC v. New Jersey Department of Environmental Protection and Des Champs Laboratories, Inc., OAL Dkt. No. ESR-13443-17. To date, there have been three Appellate Division decisions, an OAL trial and an OAL hearing.
Results may vary depending on your particular facts and legal circumstances
The case involves the interpretation of the New Jersey Industrial Site Recovery Act (“ISRA”) de minimis quantity exemption statute. R&K is the owner of a property with groundwater contamination. Des Champs Laboratories, the prior property owner, sold the property to R&K in 1997 and obtained ISRA compliance with a negative declaration NFA approval. In 2008, NJDEP rescinded Des Champs’ NFA approval and ordered Des Champs to undertake groundwater remediation. Des Champs argued that it qualified retroactively for an ISRA de minimis quantity exemption and did not have to remediate the groundwater. The OAL and the NJDEP Commissioner, in her Final Decision, ruled that Des Champs failed to meet its burden of proof by a preponderance of the evidence to show that it met the criteria for an ISRA de minimis quantity exemption.
According to Mr. Scagnelli and Mr. Baker, the Commissioner’s Final Decision is significant because it establishes a burden of proof standard for parties applying for a de minimis quantity exemption under the ISRA statute.
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