Dan McKillop has more than fifteen years of experience representing 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 the New Jersey Industrial Site Recovery Act (ISRA) and Spill Compensation and Control Act (Spill Act), and the federal Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and Clean Air and Clean Water Acts.
Dan’s areas of expertise include issues pertaining to 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 is Secretary of the New Jersey State Bar Association Environmental Law Section and serves on a variety of committees and boards, including the New Jersey Commerce and Industry Association’s Environmental Business Council steering committee.
Dan also leads a Cannabis Law practice group comprised of attorneys from several of our practices. Dan has represented entities seeking to obtain medical cannabis dispensary licenses, and he has a thorough knowledge of current Federal and state medical and adult-use cannabis law and proposed cannabis legislation. Dan regularly authors articles and presents at business events regarding the emerging cannabis industry, and he is a member of the New Jersey CannaBusiness Association and an Editor of the Cannabis Law Journal.
Dan was selected as a New Jersey Super Lawyer Rising Star 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, he 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.
*“the Rising Stars list is issued by Thomson Reuters. A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process.html.
- Regulatory Administrative, Permitting, and Compliance Counseling
Represented estate of former company shareholder in multi-party New Jersey federal environmental litigation initiated by governmental and private entities.
Represented former corporate officer in New Jersey state litigation pertaining to dry cleaner contamination of commercial property.
Represented private landowner plaintiff in New Jersey state environmental and eminent domain litigation involving State and national private entities.
Represented major New Jersey construction contractor and managed complex multi-party litigation initiated by NJDEP regarding contaminated property and wetland claims.
Represented global personal products company regarding investigation of its 19th and 20th century New Jersey manufacturing operations by U.S. EPA.
Represented commercial waste hauler in concurrent matters before New Jersey Office of Administrative Law, the Appellate Division of the New Jersey Superior Court and the New Jersey Supreme Court.
Represented national insurance carrier in complex environmental litigation venued in the Central District of California. Coordinated mediation efforts among parties, insurance carriers and dozens of third-party defendants.
Represented national insurance carrier and achieved favorable settlement in complex, multi-party groundwater contamination suit venued in the Northern District of Illinois.
Represented home heating oil provider in multi-party leaking underground storage tank litigation. Authored dispositive motions and served as discovery coordinator.
Represented Pennsylvania specialty gas company in successful settlement of multi-party environmental and real estate litigation.
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.
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.
|“New Jersey Site Remediation Professional Licensing Board Adopts New LSRP Regulations,”||Commerce Magazine/Free Thinking Business Blog||February 2016|
|““EPA Proposes Revisions To Hazardous Waste Generator Regulations,”||Commerce Magazine/Free Thinking Business Blog||November 2015|
|“Surviving The Next Sandy,”||Meadowlands USA Magazine||August 2013|
|“Timing is Key in Spill Act Contribution Claims,”||Meadowlands USA Magazine||October 2013|
|“Spill Act Contribution Claims,”||Meadowlands USA Magazine||October 2013|
|Post-Sandy Resiliency Projects In NJ – Rebuild By Design And Beyond NJSBA||May 2017|
|Pipelines and Eminent Domain, NJ Environmental Law Forum||2015|
|Overview of Federal Environmental Law, CBIZ Inc.||April 2013|
|NJBIZ panel: Cannibusiness can be complicated||NJBiz.com||May 22, 2018|
|New FDU marijuana poll highlights continued divisions||NJBiz.com||February 1, 2018|
|Bills to legalize marijuana reintroduced to NJ legislature||NJBiz.com||January 12, 2018|
|The New Jersey Cannabusiness Association Denounces AG Jeff Sessions' Shift on Cannabis Policy||InsiderNJ.com||January 4, 2018|
|Smell of new business in the weed industry luring N.J. lawyers||NJ.com||December 2, 2017|
|Will you be able to grow weed at home? Here's what we know about the N.J. pot bill,||NJ.com||November 29, 2017|
|Top Massachusetts Court Rules Former Employee Can Sue Employer for Handicap Discrimination After Being Fired for Medical Marijuana Use,||Bigger Law Firm Magazine||August 25, 2017|
- Pace University School of Law (JD, cum laude, 2001)
- University of Notre Dame (B.A. 1997)
- New Jersey
- United States District Court for the District of New Jersey
- District of Columbia
- New York
- Currently Vice-Chair of the NJSBA Environmental Law Section
- Secretary, NJSBA Environmental Law Section, 2017-2018
- Treasurer, NJSBA Environmental Law Section, 2016-2017
- Environmental Business Council Steering Committee Member, Commerce and Industry Association of New Jersey (CIANJ) 2016-2018
- Editorial Board, Cannabis Law Journal
- Top Lawyers In Bergen County, 201 Magazine, 2015-2016
- New Jersey Rising Star, New Jersey Super Lawyers magazine, 2011-2015