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 In 2008, NJDEP rescinded Des Champs’ NFA approval and ordered Des Champs to undertake groundwater remediation.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 Attorneys Named to New Jersey Super Lawyers 2027
Eleven Scarinci Hollenbeck Attorneys Named to New Jersey Super Lawyers 2027 and Rising Stars Lists Scarinci Hollenbeck, LLC is pleased to announce that 11 of its attorneys were selected for the New Jersey Super Lawyers 2027 and Rising Stars lists. Six attorneys were named to the Super Lawyers list, and five were named to the […]
Scarinci Hollenbeck Named a 2026 NJBIZ Empowering Women Honoree
NJBIZ recognizes the firm for advancing women in the workplace and in the community Scarinci Hollenbeck, LLC is proud to announce that it has been named a 2026 NJBIZ Empowering Women honoree. The program recognizes New Jersey companies and organizations for tangible, innovative efforts to advance women in the workplace and in the community. The […]
Scarinci Hollenbeck Continues Growth, Adding Four Attorneys Across the Firm
The firm has added 20 legal professionals since May, with the latest group bringing a new partner, counsel, and associates to its New Jersey offices. Scarinci Hollenbeck, LLC today announced four new attorneys joining its New Jersey offices: Denis G. Murphy as Partner, Michael B. Mietlicki as Counsel in the Litigation Group, and Kimberly Diaz […]
Scarinci Hollenbeck Partner Brian Spector Produces New Entertainment Podcast "What Exit?"
Scarinci Hollenbeck, LLC is pleased to announce that Partner Brian D. Spector is producing What Exit?, a new entertainment podcast featuring industry news and guests from the Garden State. Hosted by Jared Goldsmith (Dear Evan Hansen), the podcast premiered on Saturday, August 29, 2026, and is available on Spotify and YouTube. What Exit? takes its […]
Sean Pena Joins Montclair State University as Adjunct Professor
Scarinci Hollenbeck, LLC is pleased to announce that Sean M. Pena, a Partner in the firm’s Litigation group, has been appointed as an Adjunct Professor in the Department of Political Science and Law at Montclair State University. He will teach Perspectives on Law: Theoretical Foundations and Practical Applications of United States Legal Systems during the […]
Scarinci Hollenbeck Attorneys Recognized as 2027 Best Lawyers in America®
Nine Scarinci Hollenbeck Attorneys Recognized in 2027 Edition of Best Lawyers in America® Scarinci Hollenbeck, LLC is pleased to announce that nine of its attorneys have been recognized in the 2027 edition of The Best Lawyers in America® and Best Lawyers: Ones to Watch in America®. First published in 1983, Best Lawyers is universally regarded […]
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