A federal court decided in February that in the rush to transfer wetlands permitting authority to Florida in the final days of the Trump administration, federal agencies and officials had violated the Endangered Species Act and other federal laws.
Florida took over permitting under Section 404 of the Clean Water Act in December 2020. The EPA oversaw Florida’s program by reviewing draft permits. The state’s move was immediately challenged by environmental groups, seven of which filed a lawsuit in January 2021.
Courthouse News Service Reports: "The groups argued that the federal agencies and officials violated the Administrative Procedure Act, the Clean Water Act, the Endangered Species Act and the Rivers and Harbors Act..."
The decision, by U.S. District Judge Randolph Moss only resolves part of the lawsuit. Issues raised by the plaintiffs concerning other violations of the Clean Water Act and the Administrative Procedure Act still remain before the court. More https://www.courthousenews.com/epa-broke-federal-law-in-handing-off-wetlands-permit-approval-to-florida-d-c-judge-rules/
The mitigation banking industry is at a pivotal moment. Regulatory shifts, evolving interpretations of the 2008 Mitigation Rule, and increasing pressure from alternative mitigation programs are reshaping the landscape. In this environment, a unified voice is not just beneficial—it’s essential. That’s where membership in the National Environmental Banking Association (NEBA) makes a difference.
Read MoreAccording to US Army Corps of Engineers (USACE) data, there are more than 8 million Advance Mitigation Credits sitting on the ledgers of the many dozens of In-Lieu Fee (ILF) Programs across the United States today, nearly all of which are exempt from any financial assurance that the mitigation projects will actually be performed.
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