Writings by Daniel T. McKillop

This Week, the NJ Assembly Appropriations and Senate Judiciary Committees Passed the Latest Version of New Jersey’s Cannabis Regulatory and Expungement Aid Modernization Act (Senate Bill 2703) On March 18, the New Jersey Assembly Appropriations and Senate Judiciary committees passed the latest version of New Jersey’s Cannabis Regulatory and Expungement Aid Modernization Act (Senate Bill […]

The EPA Recently Released its Much-Anticipated PFAS Action Plan… Last month, the Environmental Protection Agency (EPA) released its much-anticipated action plan for addressing per- and polyfluoroalkyl substances, a group of chemicals collectively referred to as PFAS. The EPA’s PFAS Action Plan outlines both short-term and long-term initiatives, although final regulations are still likely years away. […]

New Jersey Superior Court Rules That Developer is not Entitled to HDSRF Funds for Applications Submitted Prior to Program Elimination A New Jersey developer is not entitled to the payment of future remedial costs under the state’s former innocent party grant program because its application was not sufficiently complete prior to the termination of the […]

Opioid Addiction is Now an Eligible Condition Under New Jersey’s Medicinal Marijuana Program Opioid addiction is now an eligible condition under New Jersey’s Medicinal Marijuana Program (MMP). Gov. Phil Murphy made the announcement while unveiling several new initiatives aimed to combat the opioid epidemic. In 2018, more than 3,000 individuals in New Jersey died due […]

The NJDEP is Proposing Several Significant Amendments to the State’s Stormwater Management Regulations The New Jersey Department of Environmental Protection (NJDEP) is working to overhaul its Stormwater Management rules (N.J.A.C. 7:8). The rules provide the standards for the management of stormwater runoff associated with major development and require maintenance groundwater recharge standards, stormwater runoff quantity […]

The New Jersey Legislature is advancing environmental justice legislation designed to give certain New Jersey communities greater oversight over the environmental permitting process.  On January 24, 2019, the Senate Environment and Energy committee unanimously voted to advance Senate Bill 1700 (S1700), and it now heads to the Senate Budget and Appropriation Committee for additional consideration.   While similar bills have been introduced over the […]

Senate Bill 1073 Has Reached the Desk of Gov. Phil Murphy, Which Would Allow New Jersey Municipalities to Charge Property Owners a Rain Tax Senate Bill 1073 has reached the desk of Gov. Phil Murphy that would allow New Jersey municipalities to establish local stormwater utilities, which could then charge property owners a fee based […]

Under the Equitable Doctrine of Judicial Estoppel, Parties are Precluded from Taking a Position in a Case that is Contrary to a Position it has Taken in Earlier Legal Proceedings Under the equitable doctrine of judicial estoppel, parties are precluded from taking a position in a case that is contrary to a position it has taken […]

Highlights from Gov. Cuomo’s Recently Outlined Plans to Legalize Adult Use Cannabis in New York Governor Cuomo recently introduced a draft of the “Cannabis Regulation and Taxation Act” (“CRTA”) as part of his new $170 billion budget plan for New York State. CRTA sets forth Governor Cuomo’s plans to legalize adult use cannabis in New […]

From Shifting Regulatory Policy to Precendential Court Decisions, Here are the Top Environmental Law Developments of 2018 From shifting regulatory policy to precedential court decisions, environmental issues can significantly impact New Jersey businesses. In 2018, the Scarinci Hollenbeck Environmental and Land Use Practice tracked several significant environmental law developments, both on the state and federal […]

As a Result of a New Environmental Justice Initiative, 8 Separate Environmental Contamination Lawsuits have been Filed by NJ Attorney General Gurbir Grewal and Dept. of Environmental Protection Commissioner Catherine McCabe New Jersey Attorney General Gurbir Grewal and Department of Environmental Protection Commissioner Catherine McCabe recently announced the filing of eight separate environmental contamination lawsuits. […]

New Jersey Department of Health Recently Approved Six ATC Licenses, Doubling the Number of Medical Marijuana Dispensaries in New Jersey On December 17, the New Jersey Department of Health (DOH) announced that has initially approved six new alternative treatment centers (ATCs). The approval will effectively double the number of medical marijuana dispensaries in New Jersey. “Six very strong applicants were selected, including minority-owned and women-owned […]