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 In 2008, NJDEP rescinded Des Champs’ NFA approval and ordered Des Champs to undertake groundwater remediation.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.
Scarinci Hollenbeck Awards Second Annual Theodore A. Schwartz Scholarship for Environmental Law
Scarinci Hollenbeck Congratulates Environmental Law Scholarship Recipient Talha Iqbal! Scarinci Hollenbeck, LLC has awarded the second annual Theodore A. Schwartz Scholarship for Environmental Law to Talha Iqbal, a rising third-year student at Rutgers Law School in Newark. Mr. Iqbal will receive $2,500 to support his continued legal education. The Environmental Law Scholarship is awarded annually […]
Scarinci Hollenbeck Adds Four Litigation Attorneys Across New Jersey and New York
Two Partners, a Counsel, and a Senior Associate Deepen the Firm’s Litigation Bench in Little Falls, Red Bank, and New York City Following last month’s announcement that eight attorneys joined the firm, Scarinci Hollenbeck, LLC continues its expansion, this time strengthening its Litigation Group. The firm welcomes Paul S. Grossman and Jay R. McDaniel as […]
Scarinci Hollenbeck’s Robert E. Levy Served as Counsel to NJSIAA in Championship Revocation Decision
Unanimous Controversies Committee ruling addresses the scope of an athletic association’s disciplinary authority and the procedural standards governing its exercise. Scarinci Hollenbeck, LLC announced today that Partner Robert E. Levy served as counsel to the New Jersey State Interscholastic Athletic Association (NJSIAA) in the proceedings that resulted in the revocation of the 2025 regional and […]
Mark Tabakin, Donald Scarinci and Don Pepe, Named to NJBIZ's 2026 Power 50 in Law List
Scarinci Hollenbeck Congratulates Partners Mark Tabakin, Donald Scarinci, and Don Pepe for Inclusion in NJBIZ’s 2026 Power 50 in Law List Scarinci Hollenbeck, LLC is proud to announce that Donald Scarinci, Founding & Managing Partner, Donald M. Pepe, Partner of the firm’s Commercial Real Estate Department, and Mark A. Tabakin, Partner in the firm’s Public […]
Scarinci Hollenbeck Named a 2026 Best Place to Work in New Jersey by NJBIZ
Scarinci Hollenbeck, LLC has been named to the NJBIZ 2026 Best Places to Work in New Jersey, earning recognition in the Medium Companies category (50 to 249 employees). Now in its latest edition, the annual program honors New Jersey organizations that go beyond the paycheck to invest in their employees’ growth and quality of life. […]
Angela A. Turiano and Seraphema Menna Elected to New Jersey Women Lawyers Association Board of Directors
Two Scarinci Hollenbeck Attorneys Selected as Committee Directors for the 2026-2028 Term Scarinci Hollenbeck is pleased to announce that two of its attorneys, Angela A. Turiano and Seraphema Menna, have been elected to the New Jersey Women Lawyers Association (NJWLA) Board of Directors for the 2026-2028 term. Angela was selected as a Director on the […]
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