Environmental Law Practice
John Scagnelli's environmental law practice covers the entire environmental law field, including environmental compliance, environmental litigation, environmental auditing, environmental permitting and environmental counseling. Mr. Scagnelli has had extensive legal experience servicing law firms, businesses and public entities. He serves as environmental counsel for banks and lending institutions, commercial and industrial companies, states and municipalities, real estate development organizations, and other organizations.
Mr. Scagnelli's environmental work includes projects relating to state environmental transaction statutes such as the New Jersey Industrial Site Recovery Act (ISRA); the federal Resource Conservation and Recovery Act (RCRA); state spill cleanup and reporting statutes; the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); the Toxic Substances Control Act (TSCA); the Clean Air and Clean Water Acts; federal and state Hazard Communication and Right-to-Know Legislation; federal and state occupational safety and health statutes; federal and state asbestos requirements; and federal and state underground storage tank regulations.
Prior to joining the firm, Mr. Scagnelli served as legal counsel with Chesebrough-Pond's, Inc. and as Vice President and General Counsel of Allied Maintenance Corporation, a subsidiary of Ogden Corporation. While at Allied, the largest United States aviation bulk fuel operator, Mr. Scagnelli did significant work relating to underground storage tanks and participated in the Ad Hoc Underground Storage Tank Coalition, which included representatives from the major oil companies. He has also worked in the area of environmental impairment liability insurance (EIL) coverage and with waste to energy and resource recovery projects. Mr. Scagnelli has also served as special environmental counsel to a number of public authorities and municipalities, including the Casino Reinvestment Development Authority, the Passaic Valley Sewerage Authority, and the Jersey City Redevelopment Authority, and the cities of Elizabeth and Hoboken, among others.
Mr. Scagnelli has participated extensively in environmental organizations, conferences and international legal and business delegations. Among other organizations, he is a Member of the American Bar Association Sections of International Law and Practice and National Resources, Energy and Environmental Law, the National Institute for Environmental Auditing, the Authorities Association of New Jersey and its Solid Waste Committee, the New Jersey and New York State Bar Environmental Law Sections, and a Director of the Water Resources Association for the Delaware River Basin ("WRA/DRB") where he has served as Chairman of WRA/DRB's Program and Special Education Committees.
In 1990, Mr. Scagnelli was appointed by the Executive Director of the Land Administration, Commonwealth of Puerto Rico to a special Commonwealth Commission to deal with asbestos legal issues relating to the redevelopment of the former El Conquistador Hotel on the island. In 1991, Mr. Scagnelli was named a New Jersey Commissioner of the Interstate Environmental Commission, a tri-state environmental agency with jurisdiction over water and air pollution in the New York - New Jersey - Connecticut Region, and is currently serving as Chairman of the Commission. In 1994, Mr. Scagnelli served on an American Bar Association, Section of International Law and Practice working group reviewing proposed environmental laws for the Country of Cambodia. In 2001, Mr. Scagnelli served as a member of New Jersey Governor McGreevey’s Transition Team for the New Jersey Department of Environmental Protection.
Mr. Scagnelli has been named to the “New Jersey Super Lawyers” list, most recently in 2011. The list, published by Super Lawyers Magazine in conjunction with New Jersey Monthly Magazine, is an annual listing of outstanding lawyers from more than 60 practice areas who have attained a high degree of peer recognition and professional achievement.
Mr. Scagnelli was just recently selected by the New Jersey Department of Environmental Protection (NJDEP) to serve on one of the four teams created as part of NJDEP’s current reform of the Site Remediation process begun under the Site Remediation Reform Act of 2009. He has been named Chair of the Measures of Success Team, where he will focus primarily on assessing the strengths and weaknesses of NJDEP’s Site Remediation Program and making recommendations on changes that can be made to strengthen the Program.
Mr. Scagnelli was named to Digital Press International’s “The Ten Leaders in Environmental Law in New Jersey” list for 2003-2004. The list, based on more than 95 interviews and 150 peer reviews, identifies the top ten attorneys across the state who have demonstrated leadership and influence in the area of environmental law.
Mr. Scagnelli served as Editor of Environmental Compliance & Litigation Strategy, a national monthly environmental Newsletter published by Leader Publications, Inc., and has published and edited widely in the environmental law field. He has written a chapter in the Environmental Law Handbook, Sixteenth Edition, a nationally recognized environmental law compendium, and has written articles on natural resource damages, pollution prevention and waste minimization, lender environmental liability, environmental auditing, international environmental legal issues, underground storage tanks, the regulation of sanitary landfills, and other topics. Mr. Scagnelli has taught in several University of Wisconsin environmental law programs sponsored by that School's Engineering Department and has taught environmental law subjects in programs sponsored by Government Institutes, Inc., National Business Institute, Inc. and Executive Enterprises, Inc.
Intellectual Property Law Practice
John Scagnelli manages, defines and protects the intellectual property assets of entities operating in a wide variety of industries. His knowledge and experience in intellectual property law enables him to assist clients in virtually all intellectual property matters, ranging from the selection and registration of trademarks and service marks to the copyright protection of materials such as printed and electronic literature, computer software, and product designs.
Mr. Scagnelli’s experience in intellectual property has led to many successes in the negotiation and preparation of licensing agreements and contacts, including trademark licensing agreements and publishing contracts, to name a few. Mr. Scagnelli has represented numerous clients in the purchase or sale of many types of intellectual property and has participated in intellectual property lawsuits that have included licensing/contract suits and disputes concerning various forms of intellectual property and unfair competition. In addition, he counsels clients on intellectual property matters in connection with technology transfer, infringement, and validity opinions, as well as the intellectual property of mergers and acquisitions.
Intellectual Property Background
As an attorney with the New York firm Townley & Updike (1975-1977), Mr. Scagnelli was Intellectual Property Counsel for N.F.L. Properties, Inc., North American Soccer League Properties, Inc., the licensing arms of the National Football League and North American Soccer League, New York Racing Association (NYRA), New York Daily News, and the Good Humor Corporation. The work he performed included trademark, copyright, patent licensing, and other intellectual property work, including litigation. Litigation cases included National Football League v. State of Delaware (Delaware Football Lottery case), and Trademark Trial and Appeal Board Proceedings.
As an attorney with the New York firm of Milgrim, Thomajan, Jacobs & Lee (1979-1982), Mr. Scagnelli handled trade secrets, trademark, copyright and other intellectual property work. He was Intellectual Property Counsel for numerous corporations, including Clairol, Bristol-Myers, and the Long John Silvers chain. Mr. Scagnelli assisted in the preparation of the Milgrim On Trade Secrets trade secrets treatise. He was a Member of the Editorial Board and Domestic Articles Editor of The Trademark Reporter, the Official Journal of the U.S. Trademark Association from 1979-1987.
Mr. Scagnelli served as Corporate Regulatory and Trademark Counsel for Chesebrough - Pond’s Inc. (1977-1979), a diversified multi-national consumer products company, whose branded products include Ragu spaghetti sauce, Health-tex clothing, Bass shoes, Vaseline Intensive Care lotions, and Prince Matchabelli and Rave perfumes and hair products. Mr. Scagnelli handled intellectual property matters, including trademark and copyright filings, Trademark Trial and Appeal Board proceedings, foreign intellectual property filings and intellectual property protection. In addition, he handled Federal court litigation, including Chesebrough - Pond’s Inc. v. Clairol, Inc. (Intensive Care trademark).
As an attorney with the Newark, New Jersey firm of Clapp & Eisenberg (1986-1990), Mr. Scagnelli handled intellectual property matters and Trademark Trial and Appeal Board and court proceedings for industrial clients, including Health-tex, Inc.
As an attorney with the Newark, New Jersey firm of Whitman Breed Abbott & Morgan (1990-2000), Mr. Scagnelli handled intellectual property work for industrial clients, including Pharmaceutical Formulations, Inc. in Edison, New Jersey, the second largest private label pharmaceutical company in the United States. In addition, he handled intellectual property litigation cases that included Schering Plough, Inc. v. Pharmaceutical Formulations, Inc. in U.S. District Court, Newark (trade dress infringement case).
District Court, Southern and Eastern Districts of New York
U.S. Court of Customs and Patent Appeals
U.S. Court of Appeals, Federal Circuit
U.S. Court of Appeals, Second Circuit
U.S. District Court, District of New Jersey
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. Court of Appeals, District of Columbia Court
Institute of Environmental Auditing
Authorities Association of New Jersey (Solid Waste Committee)
New York State Mediation (Board Member)
Waste Resources Association, Delaware Water Basin (Director)
Interstate Sanitation Commission (Chairman)
Association of the Bar of the City of New York
New Jersey State Bar Association
American Bar Association
New York County Lawyers Association
The DuPont Pompton Lakes Case Has Just Begun - New Jersey Law Journal, July 8, 2002
Assessing Legal Liability for Ground-water Contamination - New Jersey Law Journal, October 22, 2001
New Jersey’s Environmental Agenda: Suggestions for the Next Governor (Co-Author) - New Jersey Law Journal, July 9, 2001
Environmental Legal Issues in Project Finance and Mergers and Acquisitions (Chapter Author) - International Project Finance, The Center for International Legal Studies, 2000
Brownfields Redevelopment: Is There a Need for Additional Legal Incentives? - Environmental Compliance & Litigation Strategy, October 2000
Licensed Site Professional Bill May Create Difficulties for Remediating Parties
Pending Bills in New Jersey Legislature Establish NJDEP Licensed Site Professional Program
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