Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Environmental Attorneys Successful in Appellate Division Appeal
Author: Scarinci Hollenbeck, LLC
Date: May 22, 2013
Key Contacts
Back
Congratulations to environmental attorneys John M. Scagnelli and William A. Baker of the Environmental and Land Use Group in a successful appeal for R&K Associates, LLC (“R&K”). Scagnelli and Baker represented R&K, the current owner of industrial property in Livingston, New Jersey, in a successful appeal brought before the New Jersey Superior Court, Appellate Division in R&K Associates, LLC v. New Jersey Department of Environmental Protection, and Des Champs Laboratories, Inc., Docket No. A-0413-12T3.
R&K’s appeal followed last year’s Appellate Division decision in Des Champs Lab, Inc. v. Martin (“Des Champs I”), 427 N.J. Super. 84, (App. Div. 2012) in which the Appellate Division invalidated NJDEP’s regulation requiring that a property be free from contamination as a condition to receiving a de minimis quantity exemption (“DQE”) from environmental cleanup obligations under the New Jersey Industrial Site Recovery Act (“ISRA”) statute. While the Appellate Division invalidated NJDEP’s regulation that a property be free from contamination as a condition to receiving an ISRA DQE, it remanded the case to NJDEP for further consideration of whether Des Champs’, qualified for an ISRA DQE, and R&K’s arguments. NJDEP, instead of holding a remand proceeding, and despite R&K’s request to be included in one, went ahead and issued the ISRA DQE to Des Champs without affording R&K an opportunity to participate and be heard. The Court ruled that NJDEP acted “arbitrarily and capriciously by shutting out R&K from the remand process.”
The Appellate Division reversed NJDEP’s issuance of an ISRA DQE to Des Champs, and directed that NJDEP hold a remand proceeding to consider the facts supporting Des Champs’ ISRA DQE application including the possible initiation of an Office of Administrative Law (OAL) proceeding.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Donald M. Pepe and Donald Scarinci Named to 2026 ROI-NJ Influencers: Law List
ROI-NJ Continues to Feature Donald Scarinci and Donald M. Pepe on Annual Influencers in Law List Donald M. Pepe and Donald Scarinci of Scarinci Hollenbeck have once again been named to ROI-NJ’s 2026 Influencers: Law List, recognizing attorneys who continue to shape New Jersey’s legal and business landscape. The annual list highlights legal professionals whose […]
Author: Scarinci Hollenbeck, LLC
Monmouth Bar Golden Gala Honors Two Scarinci Hollenbeck Attorneys
Scarinci Hollenbeck is proud to share that two highly acclaimed retired judges who now serve as Of Counsel to the firm, Hon. Ira E. Kreizman, J.S.C. and Hon. Ronald Lee Reisner, J.S.C., will be honored at the Monmouth Bar Association’s Golden Gala. The event recognizes members of the Monmouth Bar Association who have practiced law […]
Author: Scarinci Hollenbeck, LLC
NJ Real Estate Attorney Joe DeMarco Named in 2026 NJBIZ Leaders in Law List
Scarinci Hollenbeck is pleased to announce that NJ Real Estate Partner, Joe DeMarco, has been named a 2026 Leaders in Law Award Honoree by NJBIZ in the Real Estate: Construction, Environmental, Leasing category. The NJBIZ Leaders in Law program recognizes attorneys and general counsels whose professional accomplishments, leadership, and service to their communities demonstrate a […]
Author: Scarinci Hollenbeck, LLC
John M. Scagnelli Re-Elected to LSRPA Board of Trustees
Scarinci Hollenbeck is pleased to announce that Partner John M. Scagnelli has been re-elected to serve on the Board of Trustees of the Licensed Site Remediation Professionals Association (LSRPA) for an additional two-year term. LSRPA is the statewide professional organization representing New Jersey’s Licensed Site Remediation Professionals (LSRPs), playing a central role in advancing environmental […]
Author: Scarinci Hollenbeck, LLC
Robert E. Levy Re-Certified as Civil Trial Attorney by the Supreme Court of New Jersey
Scarinci Hollenbeck is pleased to announce that Robert E. Levy has been re-certified as a Certified Civil Trial Attorney by the Supreme Court of New Jersey. This re-certification, combined with Levy’s existing designation as a Certified Criminal Trial Attorney, places him among less than one percent of all certified attorneys in New Jersey to hold […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Partner Donald M. Pepe Named to ROI-NJ’s 2025 Real Estate Influencers List
Scarinci Hollenbeck, LLC is pleased to announce that Donald M. Pepe, a partner in the firm’s Real Estate, Land Use and Development Group, has once again been named to ROI-NJ’s Influencers: Real Estate list for 2025. Donald Pepe has been included on the ROI Influencers: Real Estate list each year since 2022, reflecting his continued […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.