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.

Client Alert

Library

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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SEC Voluntarily Pauses Climate Disclosure Regulations, What’s Next?

On April 4, 2024, the Securities and Exchange Commission (SEC) voluntarily agreed to delay implementation of its new climate disclosure regulations to allow ongoing legal challenges to play out. Lawsuits challenging the SEC’s authority to mandate the climate disclosures have been consolidated before the Eighth Circuit Court of Appeals and will now proceed with the […]

Author: Daniel T. McKillop

April 11, 2024

What Public Companies Should Know About the SEC’s Climate Reporting Regulations

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted highly controversial final regulations requiring public companies to make new climate-related disclosures in their registration statements and annual reports. The regulations, entitled The Enhancement and Standardization of Climate-Related Disclosures for Investors, mandate disclosure of information about a registrant’s climate-related risks that have materially impacted, […]

Author: Daniel T. McKillop

March 28, 2024

What Businesses Need to Know About the Fate of the Chevron Doctrine

The Chevron doctrine is a bedrock of administrative law and affords government agencies significant leeway when interpreting federal regulations. Its fate is now in the hands of the U.S. Supreme Court, which recently heard oral arguments in two cases asking the justices to reconsider the long-standing precedent. What Is the Chevron Doctrine? Under the Supreme […]

Author: Daniel T. McKillop

January 23, 2024

Creator of Captain Cannabis Trademark Triumphs Again

Captain Cannabis continues to make a name for himself, with the comic book character now linked with binding trademark precedent. The dispute over the “Captain Cannabis” trademark involved who had priority of using the cannabis trademark in comic books. The Trademark Trial and Appeal Board (TTAB) ultimately concluded that Petitioner Laverne John Andrusiek had made […]

Author: Daniel T. McKillop

January 18, 2024

Legal Victory

New Federal Lawsuit Could Be Gamechanger for Cannabis Businesses

A new lawsuit challenging the constitutionality of the Controlled Substances Act (CSA) could dramatically impact cannabis businesses. A new lawsuit challenging the constitutionality of the Controlled Substances Act (CSA) could dramatically impact cannabis businesses. If successful, the suit would prohibit the federal government from enforcing its cannabis ban with respect to state-legal activity. The federal […]

Author: Daniel T. McKillop

November 16, 2023

New Jersey Poised to Expand Range of Available Cannabis Edibles

The New Jersey Cannabis Regulatory Commission recently proposed new regulations allowing additional ingestible forms of cannabis... The New Jersey Cannabis Regulatory Commission (CRC or Commission) recently proposed new regulations allowing additional ingestible forms of cannabis. The move, which would allow new products at both medical and adult-use dispensaries, is part of a larger effort to […]

Author: Daniel T. McKillop

October 27, 2023

How to Comply With the EPA’s New PFAS Reporting Obligations

The EPA recently finalized its Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances… On October 11, 2023, the Environmental Protection Agency (EPA) finalized its Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (Final Rule). In accordance with obligations under the Toxic Substances Control Act (TSCA), […]

Author: Daniel T. McKillop

October 24, 2023

Open for Business - New Jersey Now Accepting Applications for Cannabis Licenses

The New Jersey Cannabis Regulatory Commission began accepting applications for wholesale, distribution, and delivery of recreational cannabis business licenses… The New Jersey Cannabis Regulatory Commission (CRC or Commission) began accepting applications for wholesale, distribution, and delivery of recreational cannabis business licenses on September 27, 2023. The new licensing opportunities represent just one of several key changes impacting New Jersey’s growing cannabis industry. On September […]

Author: Daniel T. McKillop

October 16, 2023

Act Now to Take Advantage of New York’s New Cannabis Licensing Opportunities

New York is now accepting adult-use cannabis applications... New York is now accepting adult-use cannabis applications. The application window officially opened on October 4, 2023, and will last two months. All adult-use license applications must be submitted by 5:00 PM EST on Monday, December 4, 2023. New York’s Adult-Use Market New York legalized adult-use cannabis […]

Author: Daniel T. McKillop

October 4, 2023

New York

What HHS’s Recommendation to Reschedule Cannabis Really Means

The U.S. Department of Health and Human Services (HHS) has recommended that the DEA move cannabis from Schedule I to Schedule III of the Controlled Substances Act… The U.S. Department of Health and Human Services (HHS) has recommended that the Drug Enforcement Administration (DEA) move cannabis from Schedule I to Schedule III of the Controlled […]

Author: Daniel T. McKillop

September 18, 2023

What the Cannabis Industry Should Know About the Hemp Access and Consumer Safety Act

The Hemp Access and Consumer Safety Act is back before Congress... The Hemp Access and Consumer Safety Act is back before Congress. The legislation aims to ensure hemp-derived CBD products are regulated by the U.S. Food and Drug Administration (FDA) like other legal products used in dietary supplements, foods and beverages. Regulation of CBD Products […]

Author: Daniel T. McKillop

August 28, 2023

NJ Court Rules Employees Can’t Bring Suits Under State’s Cannabis Law

In Zanetich v. Walmart, Inc., a New Jersey district court held that the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA) does not empower applicants and employees to bring private lawsuits based on adverse employment actions by employers for their off-duty marijuana use. While the decision is good news for employers, it is […]

Author: Daniel T. McKillop

July 11, 2023

New Jersey

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