This whitepaper highlights recommendations for government officials and agencies for improving the implementation of the 2008 Mitigation Rule (Rule) for compensatory mitigation.
These suggestions follow a careful study of data provided by the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency for Section 404 of the Clean Water Act.
The National
Environmental Banking Association (NEBA) considers these improvements vital for
the continued development of high-quality mitigation banking.
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 This mindset is not only outdated—it is actively harmful to both outcomes.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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