Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Environmental Attorneys Successful in Appellate Division Appeal
Author: Scarinci Hollenbeck, LLC
Date: May 22, 2013
Key Contacts
Back
Congratulations to environmental attorneys John M. Scagnelli and William A. Baker of the Environmental and Land Use Group in a successful appeal for R&K Associates, LLC (“R&K”). Scagnelli and Baker represented R&K, the current owner of industrial property in Livingston, New Jersey, in a successful appeal brought before the New Jersey Superior Court, Appellate Division in R&K Associates, LLC v. New Jersey Department of Environmental Protection, and Des Champs Laboratories, Inc., Docket No. A-0413-12T3.
R&K’s appeal followed last year’s Appellate Division decision in Des Champs Lab, Inc. v. Martin (“Des Champs I”), 427 N.J. Super. 84, (App. Div. 2012) in which the Appellate Division invalidated NJDEP’s regulation requiring that a property be free from contamination as a condition to receiving a de minimis quantity exemption (“DQE”) from environmental cleanup obligations under the New Jersey Industrial Site Recovery Act (“ISRA”) statute. While the Appellate Division invalidated NJDEP’s regulation that a property be free from contamination as a condition to receiving an ISRA DQE, it remanded the case to NJDEP for further consideration of whether Des Champs’, qualified for an ISRA DQE, and R&K’s arguments. NJDEP, instead of holding a remand proceeding, and despite R&K’s request to be included in one, went ahead and issued the ISRA DQE to Des Champs without affording R&K an opportunity to participate and be heard. The Court ruled that NJDEP acted “arbitrarily and capriciously by shutting out R&K from the remand process.”
The Appellate Division reversed NJDEP’s issuance of an ISRA DQE to Des Champs, and directed that NJDEP hold a remand proceeding to consider the facts supporting Des Champs’ ISRA DQE application including the possible initiation of an Office of Administrative Law (OAL) proceeding.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate
Firm Continues Investment in Business Law, Bankruptcy & Restructuring, Litigation, and Real Estate to Meet Evolving Client Demands Scarinci Hollenbeck new partners John D. Giampolo and George A. McGowan, III are joining the firm, alongside Counsel Graham K. Staton and Senior Associate Amanda M. Kronemeyer. The four additions reflect Scarinci Hollenbeck’s continued investment in the […]
Author: Scarinci Hollenbeck, LLC
Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate
GlobeSt editors recognize Scarinci Hollenbeck partner as one of the most accomplished and influential leaders in NYC commercial real estate Scarinci Hollenbeck, LLC is pleased to announce that Ryan O. Miller, Partner in the firm’s New York office and a leading voice in NYC commercial real estate, has been selected by the editors of GlobeSt […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Secures Land Use Approvals for 55-Story Mixed-Use Development in Journal Square, Jersey City
Partner Donald M. Pepe Guides Approval of 840-Unit Tower with Affordable Housing and Community Amenities in Jersey City’s Journal Square Scarinci Hollenbeck, LLC is pleased to announce that Partner Donald M. Pepe recently secured Journal Square land use approvals for a transformative 55-story mixed-use development located at 2859-2873 John F. Kennedy Boulevard, one of Jersey […]
Author: Scarinci Hollenbeck, LLC
Bankruptcy Attorney and Broadway Producer: Scarinci Hollenbeck's Brian Spector Brings Wild About You to London
Scarinci Hollenbeck Partner Brian D. Spector has spent over 40 years building a distinguished career in bankruptcy and creditors’ rights law. Along the way, he also became a Tony Award™-winning Broadway producer. In January 2027, that second career reaches a new milestone in London, where Wild About You, the new musical he has been developing […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026
Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2026 and Rising Stars Lists Scarinci Hollenbeck is pleased to announce that several of its attorneys have been selected for inclusion in the New Jersey Super Lawyers 2026 and Rising Stars lists. The annual recognition highlights attorneys who have attained a high degree of peer recognition […]
Author: Scarinci Hollenbeck, LLC
Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List
ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Donald M. Pepe and Donald Scarinci of Scarinci Hollenbeck have once again been named to ROI-NJ’s 2026 Influencers: Law List, recognizing attorneys who continue to shape New Jersey’s legal and business landscape. The annual list highlights legal professionals whose […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.