John M. Scagnelli R&K Associates, LLC v. Des Champs Laboratories

Partner John M. Scagnelli, Chair of the firm’s Environmental and Land Use Law Group, and William A. Baker, Esq., had a successful result in a case they tried before Administrative Law Judge Gail M. Cookson in the Office of Administrative Law (OAL), R&K Associates, LLC v. Des Champs Laboratories, Inc.

Lyndhurst, NJ, December 3, 2014 – Scarinci Hollenbeck is proud to announce that Partner John M. Scagnelli, Chair of the firm’s Environmental and Land Use Law Group, and William A. Baker, Esq., had a successful result in a case they tried before Administrative Law Judge Gail M. Cookson in the Office of Administrative Law (OAL), R&K Associates, LLC v. Des Champs Laboratories, Inc, representing Petitioner R&K Associates, LLC. [OAL DKT. NO. ESR 11666-13]

The case, decided on November 19, 2014, involved the nunc pro tunc availability of an ISRA DeMinimus Quantity Exemption (DQE) to Des Champs Laboratories, Inc., which had sold its Livingston, N.J. property to R&K in 1997. Des Champs originally obtained an ISRA NFA Approval for the sale, based upon a Negative Declaration stating there was no contamination on the property.

In 2008, the New Jersey Department of Environmental Protection (NJDEP) determined that the property was the source of contamination of Livingston’s drinking water wells, rescinded Des Champs’ NFA Approval, and directed Des Champs to undertake the remediation. Instead of undertaking the remediation, Des Champs filed a nunc pro tunc ISRA DQE application with NJDEP. NJDEP denied Des Champs’ DQE application on the ground that the property was contaminated.

The case went to the Appellate Division in 2012 (Des Champs I). The Appellate Division reversed, holding that contamination of the property was not a ground for the denial of an ISRA DQE application, but remanded the case to NJDEP to permit R&K to participate in the Agency’s decision making process regarding Des Champs’ request for a DQE. Instead of involving R&K, NJDEP issued Des Champs a DQE without giving R&K the right to participate in the remand process. The case went back up to the Appellate Division (Des Champs II), and the Appellate Division in 2013 held that NJDEP had arbitrarily and capriciously shut R&K out from the remand process. The Appellate Division again remanded the case back to NJDEP, and a contested OAL hearing was held. ALJ Cookson held that Des Champs could not rely upon the DQE exemption to come into ISRA compliance nunc pro tunc. The Judge alternatively held that Des Champs was likely not initially eligible for an ISRA DQE, based upon the testimony of its environmental consultant, and that Des Champs had withheld selective information regarding its potential areas of concern at the property.

The ALJ decision will go before the NJDEP Commissioner for review, modification, or reversal, and after that, to the Appellate Division.

John M. Scagnelli has participated extensively in environmental organizations, conferences, and international legal and business delegations. Among other organizations, he is a Member of the American Bar Association Sections of International Law and Practice and National Resources, Energy and Environmental Law, the National Institute for Environmental Auditing, the New Jersey and New York State Bar Environmental Law Sections, and the Steering Committee of the New Jersey Licensed Site Remediation Professionals Association.

William A. Baker concentrates his practice in the area of environmental law, including environmental regulatory compliance, environmental permitting, environmental litigation, environmental due diligence and environmental counseling.

About Scarinci Hollenbeck, LLC
Scarinci Hollenbeck (@S_H_Law) is a New York, New Jersey and Washington, D.C. law firm that serves a diverse group of clients in numerous industries. The full service, general practice law firm retains a highly trained legal team with expertise in several areas, including Cyber and Data Privacy Law, E-Discovery, Corporate Transactions and Business Law, Insurance Law, Bankruptcy and Creditor’s Rights, Environmental and Land Use Law, Litigation, Labor & Employment Law, Employee Benefits & ERISA Law, Public Law, Commercial Real Estate, Sports and Entertainment Law, and Tax, Trust & Estate Law. Top-tier personnel, innovative technology and superior client service adds to Scarinci Hollenbeck’s reputation as one of the most highly ranked law firms in the New York and New Jersey Metropolitan area.

For more information please contact:

John M. Scagnelli, Esq.
jscagnelli@scarincihollenbeck.com Phone: 201-896-4100