A new Appellate Division decision, Drytech, Inc. v. State of New Jersey, Department of Environmental Protection, Docket No. A-5619-14T4 (App. Div. December 29, 2016) has held that there is no grandfathering of No Further Action (NFA) Letters previously issued by the New Jersey Department of Environmental Protection (NJDEP), and that there can be no waiver of the requirement that a remediating party retain a New Jersey Licensed Site Remediation Professional (LSRP) and investigate areas of concern (AOCs) at a contaminated site. In the case, the Plaintiff, Drytech, sought a declaration from the New Jersey Superior Court that it did not have to comply with remediation obligations under the Site Remediation Reform Act (“SRRA”) when it triggered ISRA at its site in 2013. Plaintiff’s argument was that it had previously complied with ISRA in connection with three NFA Letters NJDEP had issued for the site and Plaintiff asked NJDEP to waive the requirement that it retain an LSRP to investigate the AOCs at the site and issue a Response Action Outcome (RAO) in light of the previously issued NFA Letters. The Court held that SRRA did not contain any provision which permitted NJDEP to waive a remediating party’s obligation to retain an LSRP following an ISRA triggering event and that NJDEP’s issuance of prior NFAs did not excuse Plaintiff’s obligation to hire an LSRP, as required by SRRA, and SRAA’s requirement that the LSRP exercise professional judgment to determine the remedial action plan for the site.
While this is an unpublished decision, this Appellate Division ruling lays to rest any lingering idea that prior NFA approvals at a site are “grandfathered” and confirms (i) the obligation of a remediating party to hire an LSRP, and (ii) the LSRP’s exercise of independent professional judgment to determine the remedial action plan for a site.
We would be pleased to answer any questions relating to this decision and its effect upon your remediation obligations or cases. If you have any questions contact,John Scagnelli.
Nathanya G. Simon Named to ROI-NJ Influencers "Women in Business" 2025 List
Scarinci Hollenbeck Partner Nathanya G. Simon named by ROI-NJ to the “ROI Influencers: Women in Business” list for fourth consecutive year Scarinci Hollenbeck Partner Nathanya G. Simon has been named by ROI-NJ to the “ROI Influencers: Women in Business” list for 2025. After four decades of practice, Nathanya’s pioneering influence in the field of special […]
SH Partner Angela Turiano Named Director of Legislative Affairs for SHRM Princeton
Congratulations Angela Turiano on appointment as Director of Legislative Affairs for SHRM Princeton April 17, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC congratulates Partner Angela Turiano on her appointment as Director of Legislative Affairs for SHRM Princeton. Along with serving as a member of SHRM Princeton’s leadership team, Angela will monitor pending legislative, regulatory, […]
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 […]
Angela Turiano to Serve as Mock Arbitrator for Fordham Law Securities Arbitration Clinic
On Thursday, April 3, 2025, Partner Angela Turiano will make her fifth appearance as a mock arbitrator for the Securities Arbitration Clinic at the prestigious Fordham School of Law. Angela will draw on her years of experience to provide feedback to these future lawyers after making opening presentations and closing arguments, with the goal of […]
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
