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?
A newly released Government Accountability Office (GAO) report is shining a spotlight on a concern many in the mitigation banking industry have raised for years: inconsistent implementation of the federal compensatory mitigation program across U.S. Army Corps of Engineers districts. Under Section 404 of the Clean Water Act, the Corps requires compensatory mitigation
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For too long, environmental policy debates have been framed around a false and unproductive premise: that economic growth and environmental protection are inherently at odds. This mindset is not only outdated—it is actively harmful to both outcomes. Mitigation banking offers a clear path forward. By design, it aligns economic incentives with ecological restoration, proving
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