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Writings by Daniel T. McKillop

Dan McKillop has more than fifteen years of experience representing corporate and individual clients in complex environmental litigation and regulatory proceedings before state and federal courts and environmental agencies arising under numerous state and federal statutes.
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Scarinci Hollenbeck remains committed not only to providing top-tier legal services but also to regularly providing information and resources to our client base and internet following. Client Alerts provided by our attorneys supply businesses, municipalities, and more with the latest and relevant legal updates that may impact them and how they might be able to proceed.
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New Jersey Legislature Advancing Bill to Expand Medical Marijuana Program post image

New Jersey Legislature Advancing Bill to Expand Medical Marijuana Program

The New Jersey Assembly Health and Senior Services Committee recently advanced legislation that aims to expand the state’s medical marijuana program. A-3740-3437 (the “Bill”), would expand access to medical marijuana for patients as well as clear the way for additional alternative treatment centers (ATCs).

Author: Daniel T. McKillop

Link to post with title - "New Jersey Legislature Advancing Bill to Expand Medical Marijuana Program"
What is the Process for Obtaining New Jersey Marijuana Dispensary Licenses? post image

What is the Process for Obtaining New Jersey Marijuana Dispensary Licenses?

New Jersey is working toward legalization of recreational marijuana and the State is actively expanding its medical marijuana program. Licensing of marijuana retailers and additional medical dispensaries will be critical components of these efforts.  Two bills currently in committee give indications of how New Jersey plans to proceed with such licensing.

Author: Daniel T. McKillop

Link to post with title - "What is the Process for Obtaining New Jersey Marijuana Dispensary Licenses?"
Federal Court to Address Key Issue Impacting Medical Cannabis Dispensaries post image

Federal Court to Address Key Issue Impacting Medical Cannabis Dispensaries

A federal judge recently agreed to decide a case that could have a significant impact on medical cannabis dispensaries across the country. The dispute centers on whether a deed restriction that forbids any “unlawful” purpose can be used to prohibit the operation of a medical marijuana dispensary.

Author: Daniel T. McKillop

Link to post with title - "Federal Court to Address Key Issue Impacting Medical Cannabis Dispensaries"
Medical Cannabis Dispensary Seeking Immunity in IRS Audit post image

Medical Cannabis Dispensary Seeking Immunity in IRS Audit

A medical cannabis dispensary in Colorado is asking the Internal Revenue Service (IRS) for immunity from federal drug prosecution before providing documents requested in a tax audit. The case highlights that the existing conflict between state and federal law can cause serious legal issues for New Jersey cannabis businesses.

Author: Daniel T. McKillop

Link to post with title - "Medical Cannabis Dispensary Seeking Immunity in IRS Audit"
EPA Seeking Comment on Regulating Discharges of Pollutants into Groundwater in Clean Water Act post image

EPA Seeking Comment on Regulating Discharges of Pollutants into Groundwater in Clean Water Act

The U.S. Department of Environmental Protection (EPA) is requesting comments on its previous statements regarding the Clean Water Act (CWA). The specific issue is whether pollutant discharges from point sources that reach jurisdictional surface waters via groundwater or other subsurface flow that has a direct hydrologic connection to the jurisdictional surface water may be subject to CWA regulation.

Author: Daniel T. McKillop

Link to post with title - "EPA Seeking Comment on Regulating Discharges of Pollutants into Groundwater in Clean Water Act"
Who Is a “Person” Entitled to an Innocent Party Remediation Grant? post image

Who Is a “Person” Entitled to an Innocent Party Remediation Grant?

In Cedar Knolls 2006, LLC v. New Jersey Dept. of Environmental Protection, the Appellate Division of the New Jersey Superior Court clarified who qualifies as an “innocent party” entitled to financial assistance to remediate a contaminated property. The New Jersey appeals court held that the property's transfer to trusts among family members did not constitute a change of ownership and, therefore, qualified the plaintiff as a “person” under the Industrial Site Recovery Act (ISRA). 

Author: Daniel T. McKillop

Link to post with title - "Who Is a “Person” Entitled to an Innocent Party Remediation Grant?"

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