August 21, 2020

Changes to the 2008 Mitigation Rule?

There has been much recent discussion around proposed changes to the 2008 Mitigation Rule (Rule). There have even been some claiming to represent our industry who are proposing to re-elevate Permittee-Responsible Mitigation in the hierarchy of mitigation forms under the Rule. Some are proposing to do away with Inter-Agency Review Teams (IRTs) and still others are trying to propose that cash be the only approved mechanism for mitigation bank financial assurances.

NEBA's simple question is this: Do you think substantive changes in the 2008 Mitigation Rule need to be made?

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