Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Biography

Dan McKillop has served as Chair of the Firm’s Cannabis Law practice group since 2016 and has twenty years of experience in all aspects of environmental law and litigation.

Dan McKillop has twenty years of experience in all aspects of environmental law and litigation. Dan’s experience in the environmental field includes representation of corporate and individual clients in complex environmental litigations and regulatory proceedings before state and federal courts and environmental agencies arising under numerous state and federal statutes, including ISRA, the Spill Act, RCRA, CERCLA/Superfund, the Clean Air Act, and the Clean Water Act.  Dan’s expertise also includes federal and state Hazard Communication and Right-to-Know requirements, occupational safety and health issues, asbestos requirements, and underground storage tank regulations.  Dan is also well versed in issues pertaining to environmental permitting, environmental auditing, environmental insurance, and the environmental aspects of commercial real estate and business transactions. Dan has served on a variety of committees and boards related to the environmental legal field, including the New Jersey Commerce and Industry Association’s Environmental Business Council steering committee, and he is the a past Chair of the New Jersey State Bar Association Environmental Law Section.

Cannabis and Psychedelics Law

Dan has also served as Chair of the Firm’s Cannabis practice group since 2016.  In this aspect of his practice Dan leads a team of attorneys from our various practice areas who assist clients seeking medical or adult-use cannabis licenses and provide counsel regarding current and proposed federal and state medical and adult-use cannabis laws and regulations.  Dan was selected by the National Law Journal as a 2018 Cannabis Law Trailblazer in the first year the designation was awarded and he regularly authors articles and presents at business events regarding the cannabis industry.  Dan is a member of the New Jersey CannaBusiness Association, an Editor of the Cannabis Law Journal, and an executive member of the New Jersey State Bar Association Cannabis Law Committee.

In 2022 Dan built upon experience gained in the cannabis legal industry and expanded his practice to encompass counseling regarding the quickly developing psychedelics industry.  In this area Dan counsels clients regarding the federal, state, and local laws pertaining to a variety of psychedelic compounds, particularly those demonstrating potential therapeutic treatment benefits and related business opportunities such as psilocybin and MDMA.  Dan is the co-founder and co-chair of the New Jersey State Bar Association Psychedelics Law Subcommittee and he regularly presents to business and professional organizations regarding the psychedelics industry.

Dan was selected to the New Jersey Super Lawyers® Rising Star list each year from 2011-2015.* Dan graduated cum laude from Pace University School of Law in 2001, where he earned certificates in both Environmental Law and International Law. During law school, he worked in the Office of the Staff Judge Advocate General at the United States Military Academy at West Point and also practiced law as a student attorney in the Pace Law School Environmental Litigation Clinic. In addition, Dan was a member of the law school’s Environmental Law Review, chaired Pace University’s 2001 National Environmental Moot Court Competition, and led the law school’s team in the 2001 International Environmental Moot Court Competition. Dan previously earned his Bachelor’s degree in Government and International Studies from the University of Notre Dame, and he is an Eagle Scout.

Clients

Roll Up LifeSilver LeafSweetspot DispensaryNova Farms

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Representative Matters

1. Environmental & Complex Litigation

United States and New Jersey Jurisdictions
  • Estate of Former Company Shareholder – Federal Environmental Litigation
    Represented the estate of a former corporate shareholder in multi-party federal environmental litigation in New Jersey initiated by both governmental and private entities.
  • Corporate Officer – Dry Cleaner Contamination Dispute
    Represented a former corporate officer in state-level environmental litigation concerning dry cleaner contamination of commercial property in New Jersey.
  • Private Landowner – Environmental and Eminent Domain Case
    Served as counsel for a private landowner plaintiff in combined environmental and eminent domain litigation involving both state agencies and national private entities.
  • Major Construction Contractor – NJDEP Wetlands and Contamination Claims
    Represented a leading New Jersey construction contractor in complex multi-party litigation initiated by the NJDEP regarding property contamination and wetlands violations.
  • Global Personal Products Company – EPA Historical Operations Investigation
    Advised a multinational consumer goods company in connection with a U.S. EPA investigation into historical 19th–20th century manufacturing operations in New Jersey.
  • Commercial Waste Hauler – Administrative and Appellate Proceedings
    Represented a commercial waste hauler in concurrent proceedings before the New Jersey Office of Administrative Law, the Appellate Division of the Superior Court, and the New Jersey Supreme Court.
  • National Insurance Carrier – Central District of California Environmental Litigation
    Defended a national insurance company in complex multi-party environmental litigation, coordinating mediation efforts among insurers, claimants, and numerous third-party defendants.
  • National Insurance Carrier – Groundwater Contamination Settlement
    Represented a national insurer in the Northern District of Illinois, achieving a favorable settlement in a multi-party groundwater contamination lawsuit.
  • Home Heating Oil Provider – Underground Storage Tank Litigation
    Represented a home heating oil provider in multi-party leaking underground storage tank litigation, serving as discovery coordinator and authoring key dispositive motions.
  • Pennsylvania Specialty Gas Company – Environmental Settlement
    Represented a specialty gas company in Pennsylvania in successfully resolving multi-party environmental and real estate litigation through negotiated settlement.
Scarinci Hollenbeck, LLC, LLC

2. Transactional

  • Represented international supermarket chain regarding environmental aspects of property acquisition within New Jersey.
  • Represented national car rental company with respect to environmental matters pertaining to divestiture, acquisition or leasing of commercial properties.
  • Represented national luxury department store chain regarding environmental aspects of acquisition or leasing of commercial properties.
  • Represented privately held New Jersey corporation with respect to remediation, lease and sale of tenanted gas station property.
  • Represented India-based global communications company and coordinated domestic and foreign environmental counsel and consultants in due diligence investigations of 50 worldwide telecommunication sites in successful $130 million corporate acquisition.
  • Represented global communications company and coordinated domestic and international discovery proceedings in successful defense of $92 million contract claim.
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3. Regulatory Administrative, Permitting, and Compliance Counseling

  • Represented multiple business and industry organizations in defense of the validity of the NJDEP “Waiver Rule.” Draftsman of legal arguments within prevailing brief filed with the Appellate Division of the New Jersey Superior Court and within brief opposing certiorari filed with the New Jersey Supreme Court.
  • Represented Class II freight railway operating over 500 miles of track within New York, Pennsylvania and New Jersey with respect to notices of environmental violations pertaining to the transloading and rail transport of hazardous materials.
  • Represented industrial client operating a waste-to-energy facility in effort to stay the revocation of air emission operating permits. Coordinated effort with client, technical consultants, and corporate counsel and obtained stays of permit revocations.
  • Advised Fortune 200 energy utility client regarding Federal, New Jersey and Pennsylvania wetland and flood hazard area permit issues impacting client’s infrastructure expansion efforts, including anticipated Federal regulations regarding installation of cooling water structures at electricity generating stations.
  • Advised New Jersey senior care company with respect to installation and benefits of solar power systems at company facilities located within New Jersey and nationwide.

* Results may vary depending on your particular facts and legal circumstances.

Audio

Articles

The News

Media

Video

NJBIZ Panel Discussion: The Business of Cannabis

NJBIZ Panel Discussion: The Business of Cannabis

Government & Law

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