Connell Foley attorneys Christina Sartorio Ku, an Associate in the firm's Environmental Law Group, and Agnes Antonian, Chair of the Group, authored the article "Navigating the Scope of 'Navigable Waters' after 'Maui'" for the New Jersey Law Journal.
The article discusses how federal permitting requirements will be applied to specific groundwater discharges in New Jersey and throughout the country under the Navigable Waters Protection Rule (NWP Rule). The NWP Rule narrows the scope of the Clean Water Act jurisdiction by redefining ‘navigable waters,’ which are defined as “waters of the United States, including the territorial seas,” without first obtaining permission to do so via permit. The adoption of the new NWP Rule definition reduces the waters/wetlands subject to federal jurisdiction and, therefore, the discharge pathways requiring permits throughout the country.
Visit New Jersey Law Journal's website to read the full article (subscription may be required).