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 In 2008, NJDEP rescinded Des Champs’ NFA approval and ordered Des Champs to undertake groundwater remediation.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.
Brittany P. Tarabour Nominated as Three-Year Trustee of the Monmouth Bar Association
Congratulations Brittany P. Tarabour for Nomination as Three-Year Trustee of the Monmouth Bar Association Red Bank, NJ – April 9, 2025 – Scarinci & Hollenbeck, LLC proudly congratulates Brittany P. Tarabour on her nomination by the Monmouth Bar Association to serve as a Three-Year Trustee. Founded in 1908, the Monmouth Bar Association is dedicated to […]
Bloomberg Law Podcast Discusses Dua Lipa IP Victory with Ron Bienstock
Scarinci Hollenbeck Partner Ron Bienstock Featured on Bloomberg Law Podcast to Discuss Dua Lipa Copyright Infringement Lawsuits Little Falls, NJ – April 8, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock was recently featured on the Bloomberg Law podcast to discuss […]
NJ Super Lawyers Names Scarinci Hollenbeck Attorneys
Scarinci Hollenbeck Attorneys From Little Falls and Red Bank Named to 2025 New Jersey Super Lawyers List Little Falls, NJ – April 2, 2025 – Scarinci & Hollenbeck, LLC attorneys from both NJ offices were named to the 2025 New Jersey Super Lawyers and Rising Stars list. Each attorney was chosen in recognition of their […]
Dan McKillop to be Honored by Patriots Path Council of Scouting America
Little Falls, NJ – March 26, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Daniel T. McKillop, Partner and Chair of the firm’s Cannabis Law practice group, will be recognized by the Patriots’ Path Council of Scouting America at the 2025 Legal Services Awards Reception, which will be held on Wednesday, April […]
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 […]
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