Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

New Jersey Environmental Attorneys Successful in Appellate Division

Author: Scarinci Hollenbeck, LLC

Date: December 3, 2019

Key Contacts

Back

Scarinci Hollenbeck Achieves Successful Result on Behalf of R&K Associates, LLC in Fourth Appellate Division Decision

Scarinci Hollenbeck attorneys 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 (“R&K”) in a case tried before the Superior Court of New Jersey Appellate Division, upholding a prior decision by Katherine R. McCabe, Commissioner of the NJDEP. The case is captioned R&K Associates, LLC v. New Jersey Department of Environmental Protection, Site Remediation Compliance and Enforcement and Des Champs Laboratories, Inc. This decision was the fourth time the case had been to the Appellate Division, in addition to an Office of Administrative Law (“OAL”) trial and OAL hearing.

NJ Environmental Attorneys Successful in Appellate Division

The case involves the interpretation of the New Jersey Industrial Site Recovery Act (“ISRA”) de minimis quantity exemption statute.  R&K Associates, LLC is the owner of a property with historic groundwater contamination from prior operations conducted there.  Des Champs Laboratories (“Des Champs”), 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  In 2008, NJDEP rescinded Des Champs’ NFA approval and ordered Des Champs to undertake groundwater remediation.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 Administrative Law Judge (“ALJ”) in her Decision, and NJDEP Commissioner Katherine R. McCabe in her Final Decision, each 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.

Des Champs appealed from the NJDEP’s decision denying Des Champs a de minimis quantity exemption under ISRA. On appeal, the court affirmed, finding no basis to overturn the ALJ’s or DEP’s decisions or the agency’s administrative expertise. Des Champs had argued that the ALJ was bound by her original findings of fact that concluded Des Champs met the DQE threshold for use of hazardous substances during its operations. However, the Court rejected that argument and noted that Des Champ’s failure to meet its burden of proof fell at its feet having agreed at the outset of the remanded proceeding below that no further evidence was required to be introduced. The Court further noted the ALJ’s determination (as argued by R&K) that Des Champs had engaged in selective disclosure of information.

Results may vary depending on your particular facts and legal circumstances

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock post image

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock

Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock"
Donald M. Pepe Leads Donation of Laptops to York Street Project post image

Donald M. Pepe Leads Donation of Laptops to York Street Project

Scarinci Hollenbeck Partner Facilitates Donation of 43 Laptops to Jersey City Organization Little Falls, NJ  – July 1, 2025 – Scarinci Hollenbeck, LLC is proud to recognize partner Donald M. Pepe’s dedication to the community by facilitating the donation of 43 new Dell laptops to the York Street Project. Don’s commitment and dedication to sourcing these […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Donald M. Pepe Leads Donation of Laptops to York Street Project"
Feedspot Names Government & Law Blog One of the Top Public Law Blogs post image

Feedspot Names Government & Law Blog One of the Top Public Law Blogs

FeedSpot Recognizes Donald Scarinci’s Government & Law Blog One of the Top 20 Public Law Blogs Little Falls, NJ – May 22, 2025 – Scarinci Hollenbeck, LLC is honored to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “20 Best Public Law Blogs and […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Feedspot Names Government & Law Blog One of the Top Public Law Blogs"
Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion post image

Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion

SH Partner and 100th Bomb Group Foundation Legal Counsel Discussed The Nuremberg Trials and the Law May 21, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC is proud to share that partner Ronald S. “Ron” Bienstock recently spoke at the 100th Bomb Group Biennial Reunion, held May 15-18, 2025, in New Orleans. The […]

Author: Ronald S. Bienstock

Link to post with title - "Scarinci Hollenbeck's Ron Bienstock Speaks at 100th Bomb Group's 2025 Reunion"
FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs  post image

FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs 

Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Constitutional Law Reporter blog has been listed by FeedSpot.com as one of the “Top 100 Legal Blogs.” No Aspect of the advertisement has been approved by the Supreme Court. Feedspot, a content reader that curates websites of […]

Author: Donald Scarinci

Link to post with title - "FeedSpot Names Donald Scarinci’s Constitutional Law Reporter One of the Top 100 Legal Blogs "
FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs  post image

FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs 

Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “80 Best New Jersey Blogs and Websites in 2025.” *No Aspect of the advertisement has been approved by the Supreme Court of New […]

Author: Donald Scarinci

Link to post with title - "FeedSpot Names Donald Scarinci’s Government & Law Blog One of the Top 80 New Jersey Blogs "

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.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!