Kenneth J. Hollenbeck
Managing Partner

About

Kenneth J. Hollenbeck is a member and former Chair of the firm’s Environmental and Land Use Law Group and a member of its Business Law Group. Mr. Hollenbeck has extensive experience in all areas of environmental law, including environmental permitting, compliance and counseling; energy project siting, development, finance and regulation; and the environmental liability/risk allocation aspects of corporate, utility asset and real property transactions. He has published and/or presented numerous articles on the transactional, permitting and liability aspects of environmental law and practice. He serves as Co-Chair of the University Seminar on Legal, Social and Economic Aspects of Environmental Protection Policy at Columbia University.

Mr. Hollenbeck has extensive experience representing clients from the solid waste, materials recovery and recycling industries, with particular emphasis on the transactional and facility development/permitting aspects of the practice. He has handled asset and/or stock acquisition and disposition transactions having an aggregate valuation in excess of $1.5 billion, and has directed countless facility development/permitting initiatives throughout the New York/New Jersey, Mid-Atlantic and New England regions. For the past five years, he has been actively involved in the development of rail carrier transload facilities designed to handle various waste commodities on behalf of rail carriers and other non-traditional waste industry participants.

Mr. Hollenbeck’s experience in structuring, negotiating and managing complex corporate transactions extends to a variety of businesses outside the solid waste industry, including the independent power production and transmission pipeline facility areas. He regularly represents emerging growth businesses and other companies in capital formation transactions, as well as mergers and acquisitions, strategic alliances, and corporate control and governance matters.

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Publications

Title Publisher Date
Green Justice: Should the Poor Inherit the Polluted? New Jersey Law Journal June 6, 1994
Environmental Justice - When Minorities and Poor Live in Toxic Parts of Town, is it Because of Discriminatory Intent or the Effects of Broader Social Forces? The Recorder Fall 1994

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Blog

Spill Act Contribution Claims Can Be Filed Prior to DEP Remediation Plan Approval
Posted on Tuesday August 12, 2014

Under a recent decision by the Supreme Court of New Jersey, businesses can pursue contribution claims under the Spill Compensation and Control Act (Spill Act) prior to the conclusion of the New Jersey Department of Environmental Protection’s (NJDEP) enforcement efforts. In Magic Petroleum v. ExxonMobil, the specific question before the court was whether the doctrine of primary jurisdiction, under which the court declines original jurisdiction and refers specific issues to the appropriate administrative body, applies to Spill Act contribution claims. The Facts of the Case In 2003, the NJDEP sued Magic Petroleum, Inc. (Magic) for the costs of remediating hazardous […]

The post Spill Act Contribution Claims Can Be Filed Prior to DEP Remediation Plan Approval appeared first on businesslawnews.com.

EPA Seeks Public Comment On Fracking
Posted on Wednesday May 21, 2014

The Administrator of the U.S. Environmental Protection Agency (EPA) executed an advanced notice of proposed rulemaking (ANPR) on May 9, 2014. The ANPR seeks public comment on whether the EPA should collect and publicly disclose information on hydraulic fracturing chemicals. The public will have 90 days to submit comments. The ANPR seeks to obtain input on a broad range of issues related to fracking chemicals. Examples of public opinions being sought include: Should the EPA collect data on fracking chemicals and mixtures? If so, which legal mechanism(s) should the EPA use to obtain such information from the regulated community? Whether […]

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Apple Loses First Round of E-Book Lawsuit
Posted on Wednesday July 31, 2013

Last month, a New York federal judge ruled that Apple conspired to raise the retail price of e-books in violation of U.S. anti-trust laws.  “Apple seized the moment and brilliantly played its hand,” said Judge Denise Cote. “It provided the Publisher Defendants with the vision, the format, the timetable, and the coordination they needed to raise e-book prices.” While all of the publishers named in the U.S. Department of Justice’s anti-trust lawsuit settled, Apple brought the case to trial in June.  The company vehemently disputed allegations that its e-book contracts with the publishers should be characterized as anti-competitive. Meanwhile, the […]

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Will Apple Antitrust Lawsuit Change the Landscape of the E-Book Business?
Posted on Friday April 27, 2012

The U.S. Department of Justice has filed an antitrust lawsuit in New York against Apple Inc. and several leading publishers, alleging that their stifling of retail price competition resulted in consumers paying millions of dollars more for their e-books. The lawsuit highlights that what might be considered a keen “business decision” could be characterized as anti-competitive by the government and lead to a potentially costly antitrust lawsuit. In this case, the Justice Department contends that the CEOs of Hachette Book Group, HarperCollins Publishers, Macmillan, The Penguin Group, and Simon & Schuster met regularly to discuss how to prevent Amazon.com from […]

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Affiliations

New Jersey State Bar Association (Environmental Law Section)

American Bar Association [Member of the Natural Resources, Energy and Environmental Law Section (Special Committees on Environmental Transactions, Audits and Brownfields, and Solid Waste) and Business Law Section (Special Committees on Negotiated Acquisitions and Environmental Controls)]

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