Members of Verrill Dana’s Environment Group recently authored an article on Aquaculture Permitting in Federal Waters. The Article was picked up by the ABA Section on Environment, Energy and Resources newsletter. The article discusses a recent policy shift by the federal government that may make permitting in federal waters easier. The article may be viewed on the ABA website.
Prior to Friday March 28, 2014, moving water from one U.S. water source to another—known as “water transfer”—did not require a permit under the Clean Water Act (CWA). According to a recent decision by Justice Kenneth M. Karas of the Southern District of New York, it should.