Writings by Daniel T. McKillop

Extended Producer Responsibility (EPR) has quickly transformed from a niche policy idea into a nationwide regulatory framework that directly affects companies of every size. Rather than viewing waste management as purely a municipal function, state EPR laws shift financial and operational responsibility for the collection, recycling, and disposal of products and packaging materials onto the […]

On January 12, Governor Murphy signed the “Protecting Against Forever Chemicals Act” into law.  The new statute is designed to reduce public exposure to perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS. These chemicals, often called “forever chemicals,” are used widely in consumer products for their water, oil, and grease resistance. They persist in the […]

On January 5, 2026, the New Jersey Appellate Division issued a published decision in In the Matter of the Adoption of N.J.A.C. 7:1C, rejecting consolidated challenges filed by industry and labor petitioners to the New Jersey Department of Environmental Protection’s Environmental Justice Rules. The decision affirms NJDEP’s authority to implement New Jersey’s 2020 Environmental Justice […]

As discussed in prior updates, Governor Hochul’s administration has proposed targeted adjustments to the State Environmental Quality Review Act (SEQRA) to reduce procedural delay for certain housing projects that do not present significant environmental impacts. These proposals are part of the Governor’s 2026 agenda and include targeted SEQRA exemptions, geographic eligibility limits, floodplain exclusions, and […]

New York State is pursuing a significant reform initiative aimed at reducing procedural delays associated with the State Environmental Quality Review Act (SEQRA) for certain housing projects. The proposal, which is part of Governor Kathy Hochul’s 2026 State of the State agenda under the “Let Them Build” initiative, seeks to create targeted exemptions from SEQRA […]

On January 12, Governor Phil Murphy signed S4509 into law, ushering in a sweeping regulatory framework for hemp-derived cannabinoid products in New Jersey. The statute repeals prior provisions governing intoxicating hemp and aligns state law with newly enacted federal standards under 7 U.S.C. §1639o. This development marks a significant shift for manufacturers, retailers, and distributors […]

On December 18, 2025, President Donald Trump signed an Executive Order titled Increasing Medical Marijuana and Cannabidiol Research, marking the most consequential federal cannabis policy action in decades. While the Order does not legalize marijuana or immediately alter its status under federal law, it directs the administration to complete the long-anticipated rescheduling of cannabis under […]

On November 17, 2025, the New Jersey Department of Environmental Protection (NJDEP) changed its previously proposed  rule which  would have required persons conducting All Appropriate Inquiry (AAI)(due diligence) at real properties to report any discharge of contamination discovered during the due diligence  to NJDEP and the record owner of the property.  NJDEP has now changed […]

Recent reports indicate that President Trump is preparing to issue an executive order as early as Monday, December 15 directing his administration to finalize the long-anticipated reclassification of cannabis under the federal Controlled Substances Act (CSA) from Schedule I to Schedule III. This development follows years of regulatory review and political debate spanning multiple administrations […]

EPA Proposes Historic WOTUS Rule—A Major Victory for Predictability, Cost Savings, and Development Efficiency, Driven by the Supreme Court’s Sackett Ruling On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers published a Proposed Rule (Document 90 FR 52498) to redefine the “Waters of the United States” (WOTUS) in […]

The enactment of the Continuing Appropriations and Extensions Act (H.R. 5371) on November 12, 2025, has fundamentally altered the legal foundation of the U.S. hemp industry. Embedded within this omnibus spending measure are revisions to the Agricultural Marketing Act of 1946, which itself was amended by the Agriculture Improvement Act of 2018 (the 2018 Farm […]

Senate Bill S4876, the “New Jersey Energy Security and Affordability Act,” was introduced on November 17, 2025, by Senators Bob Smith and John Burzichelli. The bill establishes a comprehensive regulatory structure designed to support the development of advanced nuclear generation, expand distributed energy storage, and implement statewide demand-reduction programs. The bill cites rising electricity demand – […]