Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

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  In 2008, NJDEP rescinded Des Champs’ NFA approval and ordered Des Champs to undertake groundwater remediation.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
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public post image

Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public

Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]

Author: Bryce S. Robins

Link to post with title - "Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public"
Understanding Chattel Paper: A Key Component in Secured Transactions post image

Understanding Chattel Paper: A Key Component in Secured Transactions

Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]

Author: Dan Brecher

Link to post with title - "Understanding Chattel Paper: A Key Component in Secured Transactions"
Crypto Compliance: A Comprehensive Guide post image

Crypto Compliance: A Comprehensive Guide

For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Compliance: A Comprehensive Guide"
Supreme Court and Title VII: Implications for Reverse Discrimination post image

Supreme Court and Title VII: Implications for Reverse Discrimination

Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]

Author: Matthew F. Mimnaugh

Link to post with title - "Supreme Court and Title VII: Implications for Reverse Discrimination"

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!