Writings by Daniel T. McKillop

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.

The New Jersey Department of Environmental Protection (NJDEP) recently updated the soil remediation standards for 19 contaminants to reflect U.S. Environmental Protection Agency (EPA) revisions to the toxicity criteria for these compounds. The updated soil remediation standards took effect on September 18, 2017.

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). 

A recent Ninth Circuit Court of Appeals decision in Hawai’i Wildlife Fund v. County of Maui, No. 15-17447 has significantly muddied the waters regarding potential liability under the Clean Water Act.

Proposed legislation in New Jersey would enable license holders to plant, grow, harvest, possess, process, distribute, buy, or sell industrial hemp within the state.

The U.S. Supreme Court recently issued its much-anticipated decision in National Association of Manufacturers v. Department of Defense. The Court unanimously held that challenges to the Waters of the United States Rule, also known as the “Clean Water Rule,” must be filed in federal district courts.

Gov Phil Murphy Signs Executive Order Calling For Expansion of the NJ Medical Marijuana Program Gov. Phil Murphy recently addressed a campaign promise to make New Jersey more cannabis-friendly by signing an executive order requiring a review and expansion of the State’s medical marijuana program. NJ Medical Marijuana Program In 2010, New Jersey legalized medical […]

As Lawmakers & Public Health Officials Grapple With How Best to Combat the Opioid Crisis, Medical Marijuana is Emerging as a Safer Tool to Manage Pain The deadly opioid epidemic shows no signs of slowing down, despite the widespread attention it is finally receiving. At least 1,901 people died from opioid overdoses in New Jersey […]

New Jersey Lawmakers Wasted No Time Reintroducing Three Bills To Legalize Recreational Cannabis in the State New Jersey lawmakers wasted no time, already reintroducing three marijuana legalization bills in the new legislative session. The legislation has a much greater likelihood of passage with Gov. Phil Murphy in office. Sen. Scutari Reintroduces Comprehensive Recreational Cannabis Bill […]

NJ Businesses May Not Yet Apply For a Recreational Use Marijuana Dispensary License, However, It Is Not Too Soon To Prepare For the Process New Jersey businesses may not yet apply for a recreational use marijuana dispensary license. However, it is not too soon to start preparing for the process. Sen. Nicolas Scutari’s proposed legislation […]

New Jersey Legislature is Moving Forward With Efforts to Invalidate the DEP’s Highlands Water Protection and Planning Act (Highlands Act) Rules The New Jersey Legislature is moving forward with efforts to invalidate a rule enacted by the New Jersey Department of Environmental Protection (DEP) earlier this year. The regulation amends the septic system density standards […]

Federal and New Jersey Environmental Law Roundup for 2017 From regulatory changes to new court precedents, environmental issues can significantly impact New Jersey businesses. In 2017, the Scarinci Hollenbeck Environmental and Land Use Practice tracked several significant environmental law developments, both on the state and federal level. Of course, this post offers only a brief […]