The Energy & Water Development Appropriations bill recently passed out of the House requiring strict reporting in one year on efforts taken to make implementation of the 2008 Mitigation Rule consistent across all Corps Districts.
In the July 15, 2020 report comes this directive to the U.S. Army Corps of Engineers specific to Compensatory Mitigation:
"The Committee is concerned that the Corps may not be consistent in its implementation of the 2008 Compensatory Mitigation Rule, based on the Corps’ publicly available data. The Committee has heard concerns that particular districts have failed to adhere to the mitigation hierarchy in the Rule as it pertains to the preference for mitigation bank credits. The Corps is reminded that although the Rule provides some discretion, the Rule is clear that this discretion is limited and deviations from the mitigation hierarchy must be based on scientific and technical analysis. The Corps is directed to properly and consistently implement the Rule, including adherence to its mitigation hierarchy and documentation of decisions by the District Engineer regarding which mitigation mechanism is appropriate to offset impacts under the Rule and which sections of the Rule justify the particular decision. The Corps shall brief the Committee not later than one year after the enactment of this Act on steps taken to ensure proper and consistent application of the Rule across districts, consistent with the Committee’s direction."
If you work in mitigation banking, ecological restoration, or ecosystem markets, there’s one event you can’t afford to miss this fall: 2026 NEBA Annual DC Fly-In September 15–17 in Washington, DC Hosted by the National Environmental Banking Association (NEBA), this annual event brings industry leaders face-to-face with federal policymakers to influence environmental legislation and regulation that
Read MoreThe National Environmental Banking Association (NEBA) is pleased to announce the proposed Board of Directors slate that will be presented to members for election during the Annual Membership Meeting on September 16, 2026, as part of the NEBA Annual DC Fly-In in Washington, D.C. The proposed slate is: JEFF OYEN, Chair KEVIN MORAN, Vice-Chair KENNETH
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