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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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SCOTUS Overruled the Chevron Doctrine, Now What? post image

SCOTUS Overruled the Chevron Doctrine, Now What?

The U.S. Supreme Court upended four decades of precedent when it recently issued its decision in two consolidated cases, Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. Now that the Court has abandoned the Chevron doctrine, federal courts may no longer defer to administrative agencies’ interpretations of ambiguous or broad statutes. The […]

Author: Daniel T. McKillop

Link to post with title - "SCOTUS Overruled the Chevron Doctrine, Now What?"
New Jersey Looking to Increase Regulation of Hemp and Cannabis Products post image

New Jersey Looking to Increase Regulation of Hemp and Cannabis Products

The New Jersey Legislature is currently debating cannabis legislation that would increase oversight over “intoxicating” hemp products like gummies, beverages, and lotions. Under Senate Bill 3235, so-called “intoxicating hemp products,” defined as those with a concentration of total THC greater than 0.5 milligrams per serving or 2.5 milligrams per package, would be regulated by the Cannabis […]

Author: Daniel T. McKillop

Link to post with title - "New Jersey Looking to Increase Regulation of Hemp and Cannabis Products"
How the 2024 Farm Bill May Impact the Cannabis Industry post image

How the 2024 Farm Bill May Impact the Cannabis Industry

The Farm, Food, and National Security Act of 2024 (2024 Farm Bill) could bring about big changes for the hemp industry. The House of Representatives released a draft discussion of its bill on May 17, 2024, which would make a significant distinction between industrial hemp products and “intoxicating” hemp products, the latter of which would […]

Author: Daniel T. McKillop

Link to post with title - "How the 2024 Farm Bill May Impact the Cannabis Industry"
PFOA and PFOS Become Hazardous Substances CERCLA Effective July 8 post image

PFOA and PFOS Become Hazardous Substances CERCLA Effective July 8

On May 8, 2024, the U.S. Environmental Protection Agency published its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) — as hazardous substances. The designation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) takes effect on July 8, 2024. Key Impacts of EPA’s PFAS […]

Author: Daniel T. McKillop

Link to post with title - "PFOA and PFOS Become Hazardous Substances CERCLA Effective July 8"
Wheels Moving on Reclassification of Cannabis as AG Launches Rulemaking Process post image

Wheels Moving on Reclassification of Cannabis as AG Launches Rulemaking Process

On May 16, 2024, President Joe Biden announced that his administration is committed to reclassifying cannabis. Shortly thereafter, Attorney General Merritt Garland initiated the formal rulemaking process to move cannabis from a Schedule I to a Schedule III drug under the Controlled Substances Act (CSA). “This is monumental,” President Biden said in a video statement […]

Author: Daniel T. McKillop

Link to post with title - "Wheels Moving on Reclassification of Cannabis as AG Launches Rulemaking Process"
What Developers Need To Know About NJDEP’s Proposed Resilient Environments and Landscapes Rule post image

What Developers Need To Know About NJDEP’s Proposed Resilient Environments and Landscapes Rule

New Jersey developers will soon have to account for climate change risks when proposing development and redevelopment projects along the State’s shoreline. On May 10, 2024, the New Jersey Department of Environmental Protection (NJDEP) unveiled a package of regulations amending the State’s land use rules to account for rising sea levels and increased flooding risks. […]

Author: Daniel T. McKillop

Link to post with title - "What Developers Need To Know About NJDEP’s Proposed Resilient Environments and Landscapes Rule"
What the Reclassification of Marijuana Means (And Does Not Mean) for the Cannabis Industry post image

What the Reclassification of Marijuana Means (And Does Not Mean) for the Cannabis Industry

On April 30, 2024, the U.S. Drug Enforcement Agency (DEA) confirmed that it plans to recommend that cannabis be removed from Schedule I of the Controlled Substances Act (CSA) and reclassified to Schedule III.  Schedule I drugs are drugs with “high abuse potential with no accepted medical use,” such as heroin.  Meanwhile, Schedule III drugs […]

Author: Daniel T. McKillop

Link to post with title - "What the Reclassification of Marijuana Means (And Does Not Mean) for the Cannabis Industry"
Resolution Seeks to Enshrine Environmental Rights in NJ Constitution post image

Resolution Seeks to Enshrine Environmental Rights in NJ Constitution

A resolution currently being debated in the New Jersey Legislature would allow voters to determine whether environmental rights should be enshrined in the State Constitution. Senate Resolution 43/Assembly Resolution 119 specifically asks voters to decide whether the New Jersey Constitution should be amended to make the State the trustee of public natural resources and guarantee […]

Author: Daniel T. McKillop

Link to post with title - "Resolution Seeks to Enshrine Environmental Rights in NJ Constitution"
Two PFAS Are Now Hazardous Substances under CERCLA post image

Two PFAS Are Now Hazardous Substances under CERCLA

The U.S. Environmental Protection Agency (EPA) continues to take significant action regarding the regulation of per- and polyfluoroalkyl substances or PFAS. On April 19, 2024, the EPA released its Final Rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which will allow EPA to use the […]

Author: Daniel T. McKillop

Link to post with title - "Two PFAS Are Now Hazardous Substances under CERCLA"
Could Your EPA Civil Enforcement Matter Turn Criminal? post image

Could Your EPA Civil Enforcement Matter Turn Criminal?

Parties involved in a civil enforcement matter by the U.S. Environmental Protection Agency (EPA) could soon find themselves facing even more serious criminal liability. On April 17, 2024, the EPA’s Office of Enforcement and Compliance Assurance announced a new “Strategic Civil-Criminal Enforcement Policy” (Policy). The Policy is effective immediately and applies to all civil and […]

Author: Daniel T. McKillop

Link to post with title - "Could Your EPA Civil Enforcement Matter Turn Criminal?"
Complying With the EPA’s Updated Guidance on PFAS Handling post image

Complying With the EPA’s Updated Guidance on PFAS Handling

The Environmental Protection Agency (EPA) continues to advance its regulatory agenda for per- and polyfluoroalkyl substances, better known as PFAS. On April 9, 2024, the agency published an updated “Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances.” According to the EPA, the updated guidance […]

Author: Daniel T. McKillop

Link to post with title - "Complying With the EPA’s Updated Guidance on PFAS Handling"
Key Takeaways from the EPA’s Landmark PFAS Regulation post image

Key Takeaways from the EPA’s Landmark PFAS Regulation

On April 10, 2024, the Environmental Protection Agency (EPA) finalized the first federal regulation limiting the amount of certain per- and polyfluoroalkyl substances, known as PFAS, found in drinking water. The final National Primary Drinking Water Regulation (NPDWR) establishes drinking water standards for six PFAS, with compliance phased in over the next several years. EPA’s Efforts […]

Author: Daniel T. McKillop

Link to post with title - "Key Takeaways from the EPA’s Landmark PFAS Regulation"

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