Writings by Daniel T. McKillop

The Election of Phil Murphy Has Businesses & Consumers Asking: “When Will Cannabis Be Legalized in New Jersey?” The election of Phil Murphy has poised New Jersey’s cannabis industry for rapid growth. Not surprisingly, businesses and consumers are eager for an implementation timetable. When asked, Governor-elect Murphy said “As soon as we can get there. We […]

Insurer Required To Demonstrate Intent Of Insured To Cause Contamination In Order To Deny CGL Coverage For Environmental Liability A New Jersey court recently ruled in Cooper Industries LLC v. Employers Insurance of Wausau A Mutual Co. that Cooper Industries is covered by a predecessor’s corporate general liability (CGL) policies for any liability the company incurs […]

Following A Recent Appellate Division Decision, New Jersey Must Consider Marijuana Reclassification The State of New Jersey must at least consider removing marijuana from the Schedule I list of controlled dangerous substances, according to a recent Appellate Division decision. In so ruling, the appeals court rejected the argument that the state needed to wait for […]

New qualifying conditions approved by the New Jersey Medicinal Marijuana Review Panel. Patients with chronic pain, anxiety, and migraines will have to wait a little longer to participate in the NJ medical marijuana program. The New Jersey Medicinal Marijuana Review Panel (MMRP) recently voted to approve several new qualifying conditions, but the Department of Public Health […]

NJ Voters Will Decide Whether Environmental Settlement Funds Must Be Reinvested Into Anti-Pollution Efforts This November, New Jersey voters will decide whether environmental settlement funds must be reinvested into anti-pollution efforts. In the past, funds have been used for non-environmental purposes, such as balancing the state budget. Environmental contamination lawsuits can generate large windfalls for the […]

The Medical Marijuana Industry is Closely Monitoring Congress’ Budget Bills to Determine the Fate of the Rohrabacher-Farr Amendment The medical marijuana industry is closely monitoring Congress’ budget bills to determine the fate of the Rohrabacher-Farr amendment. The provision, which dates back to 2014, prohibits the U.S. Department of Justice (DOJ) from using federal funds to […]

Non-CERCLA Settlements Trigger CERCLA Contribution Claim Statute Of Limitations CERCLA 113(f)(3)(B) provides that an entity that has “resolved its liability” for “some or all of a response action or for some or all of the costs of such action” pursuant to a settlement agreement with the government may seek contribution from any person who is […]

Trump Administration Revokes Federal Flood Risk Management Standard As part of an initiative to streamline the process for approving infrastructure projects, President Donald Trump rolled back certain construction requirements applicable to federally-funded projects located in flood-prone areas. While the policy reversal was just one line of the Executive Order, it generated headlines because it came […]

Legal Cannabis States Pushing Back Against Sessions’ Warning Letters Attorney General Jeff Sessions does not support federal or state-level efforts to legalize marijuana. However, up to this point, it has been unclear what he plans to do about it. In recent letters to the governors of several states that have legalized marijuana, the Attorney General emphasized that […]

Harmony Foundation Receives New Jersey Medical Marijuana Dispensary Permit Harmony Foundation recently received permission from the State to grow medical marijuana, paving the way for it to begin operations at its Secaucus location in the next several months as the sixth licensed alternative treatment center (ATC) in New Jersey. The next step is for the […]

The Gaming Industry Wants to Know How it Should Treat Money Associated with the Legal Cannabis Industry As marijuana legalization initiatives sweep the country, the gaming industry wants to know how it should treat money associated with the legal cannabis industry. The issue is a growing concern for Las Vegas casinos given that Nevada is […]

The NJ Medicinal Marijuana Review Panel has recommended additional conditions for inclusion in the state’s Medicinal Marijuana Program The New Jersey Medicinal Marijuana Review Panel (MMRP) has recently recommended that the New Jersey Department of Health (NJDOH) qualify numerous additional conditions for inclusion in the state’s Medicinal Marijuana Program. To participate in the program, a […]