New Jersey law firm briefs – Jan. 5 2016

Philip McGovern
Connell Foley announced longtime real estate and commercial transactions partner Philip McGovern has been elected the law firm’s managing partner.
McGovern succeeds Michael McBride, who served in the role from 2010 through 2015, in accordance with the Roseland, NJ-based firm’s designated permissible terms.
See the full story in NJBIZ 
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Cole Schotz moves its New York City office

19th Floor, Avenue of the Americas, New York City

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New Jersey counties, municipalities reap what they recycle

Did you know that every time a load of garbage is dumped at a New Jersey landfill or waste-to-energy plant a portion of the tipping fee collected goes to help enhance local recycling programs?

How does it work?

State law requires that money to go into a fund that is distributed annually in recycling grants to counties and municipalities based on how much recycling they do. So the more attention you pay as an individual, family or business to removing recyclable materials from your garbage, the more your town stands to collect.


If your collection system is ‘single stream,’ you don’t have to separate recyclable paper, cans, certain plastics and glass from your garbage. It’s done for you at a separation plant. 


Reports sent by towns and recycling businesses on how much recycling they do in a given year gets collected at the New Jersey Department of Environmental Protection (DEP). The Department then calculates how much each participating governmental unit will be awarded in recycling grants.

2015 Recycling Grants, announced last week, are based on 2013 activity.


The big winners
According to a DEP news release, municipal programs receiving the highest grant awards for 2013 recycling efforts are: 

Newark (Essex County) $414,754  

Jersey City (Hudson County) $290,150
Brick (Ocean County) $280,093
Vineland (Cumberland County) $255,217
Secaucus (Hudson County) $228,216
Paterson (Passaic County) $219,495
South Brunswick (Middlesex County) $179,776


Toms River (Ocean County) $174,524
North Bergen (Hudson County) $172,451
Woodbridge (Middlesex County) $167,846
Clifton (Passaic County) $166,856
Hamilton (Mercer County) $144,115
Cherry Hill (Camden County) $139.961
Middletown (Monmouth County) $118,916
Bridgewater (Somerset County) $114,698
Old Bridge (Middlesex County) $114,045
Carteret (Middlesex County) $108,392
Logan (Gloucester County)  $106,705
Fair Lawn (Bergen County) $103,437
East Brunswick (Middlesex County) $102,397
Paramus (Bergen County) $101,810;  and 
Freehold (Monmouth County) $100,741.


State law prohibits recyclable materials from being land-filled or burned. The law does not only apply to residents. Businesses and schools also must recycle, although some still do not and local governments might turn a blind eye. If your school district or shops that you patronize are not recycling, inform them of their obligation and encourage them to get with the program. 




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What’s causing climate chaos across the map?

With tornado outbreaks in the South, Christmas
temperatures that sent trees into bloom in Central Park, drought in parts of
Africa and historic floods drowning the old industrial cities of England, 2015
is closing with a string of weather anomalies all over the world.
The year, expected to be
the hottest on record, may be over at midnight Thursday, but the trouble will
not be. Rain in the central United States has been so heavy that major floods
are beginning along the Mississippi River and are likely to intensify in coming
weeks. California may lurch from drought to flood by late winter. Most serious,
millions of people could be threatened by a developing food shortage in
southern Africa.
But that natural pattern
of variability is not the whole story. This El Niño, one of the strongest on
record, comes atop a long-term heating of the planet caused by mankind’s
emissions of greenhouse gases. A large body of scientific evidence says those emissions
are making certain kinds of extremes, such as heavy rainstorms and intense heat
waves, more frequent.
Coincidence or not, every
kind of trouble that the experts have been warning about for years seems to be
occurring at once.
“As scientists,
it’s a little humbling that we’ve kind of been saying this for 20 years now,
and it’s not until people notice daffodils coming out in December that they
start to say, ‘Maybe they’re right,’ ” said Myles R. Allen, a climate
scientist at Oxford University in 
Britain. 

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Does this NJ enviro lab’s settlement affect your company?


Acting New Jersey Attorney General John J. Hoffman announced earlier this month that Accutest Laboratories will pay the State $2 million to resolve allegations that it deviated from both federal and state requirements for the extraction and testing of certain compounds, thereby submitting false claims to the State and its agencies for payment.



Now, a New Jersey law firm with an active environmental practice is advising its clients and friends to check whether the settlement might affect test results provided to them by Accutest.

In a Dec. 10 news release, the AG’s office said that Accutest, based in Dayton, Middlesex County, provides an array of environmental testing services, including the testing of semi-volatile organic compounds. The State and its agencies – including the New Jersey Department of Environmental Protection (DEP) – have contracted with Accutest to perform a variety of environmental tests in its extraction laboratory.

The allegations central to the  settlement flow from a federal qui tam or “whistleblower” lawsuit filed two years ago by a former Accutest employee. The lawsuit alleged that Accutest violated both the federal and New Jersey False Claims Acts by not following U.S. Environmental Protection Agency (EPA) requirements in the extraction and testing of certain semi-volatile organic compounds.

Specifically,  the Complaint alleged that some line-level technicians in Accutest’s extraction laboratories did not fully comply with Standard Operating Procedures or prescribed methods.

While the bulk of today’s settlement covers False Claims Act damages, a portion — approximately $920,000 — resolves alleged violations by Accutest of DEP Regulations Governing the Certification of Laboratories and Environmental Measurements. Under the agreement, Accutest admits no wrongdoing or liability.

The settlement announced today represents the largest non-Medicaid-related False Claims Act settlement entered into by the State since New Jersey’s False Claims Act took effect in March 2008.

Accutest is a member of a network of environmental testing laboratories across the nation, each with a common parent owner.

In April 2013, former employee Koroush Vaziri field a qui tam action in U.S. District Court in New Jersey alleging the failure of Accutest to follow proper protocols in both its extraction laboratory and its laboratory for the analysis of semi-volatile organic compounds.



In a Dec. 23 alert, the Scarinci Hollenbeck law firm writes of the settlement:

Specifically, the DOJ and NJDEP alleged that Accutest, between January 1, 2011 and December 13, 2013: (1) did not properly extract samples because it did not perform the required number of shakes for water samples; (2) did not wait the required amount of time between shakes of the samples; (3)did not properly spike samples with a known compound as part of the quality control process, (4) performed analyses beyond the scope of its certification, and (5) altered the settings of its gas chromatography/mass spectrometry machines and disregarded calibration protocols.
As part of the settlements, Accutest is paying $3 million to the U.S. Department of Justice and $2 million to NJDEP. Under the settlements, Accutest is also required to notify its affected New Jersey clients of the alleged extraction and certification violations within 30 days, many of whom are expected to include environmental consulting firms.
Posing the question: Does this affect your company? the law firm advises:

If your company relied upon test results that were the subject of the settlements, we suggest that you ask your environmental consultant or environmental counsel to advise whether investigations at your site(s) or project(s) were affected and whether you have any regulatory or contractual exposure relating to the use of that data.


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Porngate scandal continues to roil Pennsylvania politics

“Nothing in Pennsylvania [political] history even comes close to
this drama, with the complexity and ongoing nature of this, the potential
ramifications and multiple moving parts,” said longtime politics watcher
G. Terry Madonna of the ongoing political scandal that’s been dubbed
“Porngate.”



The following piece by Natalie Pompilio,published on December 25 in The Washington Post, updates this tawdry, yet fascinating, story. 

Over the past 15 months, beleaguered Pennsylvania Attorney General Kathleen Kane has released a steady stream of messages retrieved from a state email server that show state officials and employees trading pornographic, racist and misogynistic messages.

There are jokes about rape and sexual assault, photos mocking African Americans and other minorities, and insults leveled at people because of their weight, their sexual orientation or their religion. At least two state Supreme Court justices and numerous officials in the office of the attorney general have been caught in the scandal that has been dubbed “Porngate.”

A small sampling: A photo of a pantsless woman on her knees performing oral sex on a man is captioned “Making your boss happy is your only job.” A picture of a white man fending off two African American men while carrying a bucket of fried chicken reads “BRAVERY At Its Finest.” The sender of the email that shows a group of men engaged in sex included this message to friends, “How friggin gay are you?”
“When you see these emails . . . it’s just a swamp of misogyny, racism, homophobia and white privilege. It taints everybody, especially in the judicial branch,” said Bruce Ledewitz, associate dean of academic affairs and a law professor at Duquesne University School of Law. “Some of these things are really disgusting. You get the impression that every white male office holder in the state is a creep.”
It’s a massive scandal, with a new twist each week, but it has produced little uproar among state residents. Still, those who do pay attention say this epic mess is a disaster for the state’s justice system.

“Nothing in Pennsylvania [political] history even comes close to this drama, with the complexity and ongoing nature of this, the potential ramifications and multiple moving parts,” said longtime politics watcher G. Terry Madonna, director of the Center for Politics and Public Affairs at Franklin and Marshall College in Lancaster, Pa.
One complicating factor in the sprawling scandal is that it is hard to separate the “creeps” from the heroes.
Kane, the first woman and first Democrat elected to that office, faces a criminal indictment for felony perjury and multiple misdemeanors in an unrelated case for allegedly leaking grand jury information to embarrass a political rival and then lying about it under oath.
The odd result of those criminal charges is that the state’s top law enforcement official has had her law license suspended and is fighting efforts in the state Senate to have her removed from office. Gov. Tom Wolf, also a Democrat, has asked her to resign.
Kane, whose office uncovered these scandalous emails through an unrelated investigation, has long maintained she’s innocent of the charges. She has cast herself as a victim of a powerful, political “old boys network,” angry that she’s shared their darkest emails.

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Suspended bee researcher receives ‘courage’ award

A federal entomologist from South Dakota has received an award for civic courage stemming from his complaints about attempts by the U.S. Department of Agriculture (USDA) to block his research.
Jonathan Lundgren
Jonathan Lundgren, a research entomologist at the USDA’s North Central Agricultural Research Laboratory in Brookings, received the Joe A. Callaway Award for Civic Courage, Dana Ferguson reported in the Argus Leader.
The award is given to a few recipients each year who “with integrity and at some personal risk, take a public stance to advance truth and justice and who challenge prevailing conditions in pursuit of the common good.”
Lundgren, 40, said the award could bring additional dialogue about academic and scientific freedom. Lundgren’s receipt of the award comes a month after he filed a whistleblower retaliation complaint with the federal Merit Systems Protection Board against the USDA.
Lundgren published research earlier this year that showed the adverse effects of certain insecticides on monarch butterflies and bees. He said Monday that the USDA attempted to hamper his efforts to publish the research and barred him from speaking with the media about his work. The department also suspended Lundgren for 14 days in August for publishing the report the department deemed “sensitive” and for having errors in travel authorization forms related to his presentation of the report, he said.
In his complaint to the board, filed by the Public Employees for Environmental Responsibility (PEER) on his behalf, Lundgren says he was suspended after lodging a complaint with the Scientific Integrity Officers for the USDA’s Agriculture Research Service. PEER is a national alliance of local state and federal resource professionals.
“There was official effort to stop me from talking about science that was creating inconvenient results,” Lundgren said. “I was sort of forced into filing complaints and standing up for what I thought was right.”
Lundgren said he was surprised by the news that he’d received the award. 
“I was completely blindsided,” Lundgren said. “I’m just an entomologist in South Dakota for goodness’ sakes.”

   
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