NEBA At work

The regulations establish performance standards and criteria for the use of permittee-responsible compensatory mitigation, mitigation banks, and in-lieu programs to improve the quality and success of compensatory mitigation projects for activities authorized by Department of the Army permits.

NEBA raised important concerns about how the proposed rule would be implemented across U.S. Army Corps of Engineers districts—particularly in regions that lack established, scientifically validated stream assessment and mitigation protocols. While the proposal suggests reduced regulatory burden, NEBA emphasized that, without consistent tools ...

NEBA emphasizes that regulatory consistency and certainty are essential for delivering high-quality mitigation outcomes. While NEBA appreciates the agencies’ efforts to respond to recent Supreme Court decisions, the proposed rule introduces significant ambiguities—particularly around the undefined concept of a “wet season” and assumptions ...

These comments focus on the real-world economic and implementation impacts the proposal may have on mitigation banking, infrastructure delivery, and environmental restoration nationwide.

The National Environmental Banking Association recently provided comments in opposition to the proposed Louisiana Clean Energy Complex (“Project”) and its Permittee-Responsible Mitigation (“PRM”) plan.

The National Environmental Banking Association recently provided comments in opposition to the proposed Wetland and Stream Replacement Fund (WSRF) In-Lieu Fee (ILF) Prospectus in the state of Virginia.

This week, the Board of NEBA sent a letter to the Acting Chief of Regulatory for the U.S. Army Corps of Engineers in response to concerns that language within the workbook is not compliant with the 2008 Final Mitigation Rule or even more recently, U.S. Congressional support to the Rule.

The National Environmental Banking Association is continuing to work with the U.S. Environmental Protection Agency and others to clarify language around the mitigation hierarchy, ensuring it is consistent with the 2008 Mitigation Rule. As the mitigation banking industry association, we are working consistently to address attempts to erode the hierarchy.

The National Environmental Banking Association (NEBA) recently provided comment to the U.S. Environmental Protection Agency regarding the current draft In-Lieu Fee Instrument Review Workbook presented at a recent conference. While NEBA wholly supports the need for such guidance, the draft workbook states that released in-lieu fee credits (i.e., credits generated by a project completed by an in-lieu fee program in excess of debited advance credits) are equivalent to mitigation credits under the 2008 Mitigation Rule (33 C.F.R. 332.3(b)(2).

NEBA has told the agency that we believe this characterization seriously misstates the plain language of the Rule and that such a questionable policy would represent potential adverse consequences to the mitigation banking industry and the Corps of Engineers’ regulatory program.

The National Environmental Banking Association recently made formal request that the Assistant Secretary of the Army (Civil Works) undertake a programmatic review of U.S. Army Corps Districts for compliance and consistency with regard to the 2008 Mitigation Rule.

The National Environmental Banking Association(NEBA) provided comments as requested to the Trump Administration regarding updates to the regulations implementing the procedural provisions of the National Environmental Policy Act (NEPA). Those comments, in support of high-quality mitigation banking are available on the Association's reports page for all members.

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (the Agencies) are beginning consultation and coordination with state and local governments and others on the Agencies’ proposed rulemaking to revise the compensatory mitigation regulations.

The Agencies have been seeking our feedback related to proposed rulemaking which may affect our industry.  Similarly there has been outreach to states, tribes and others.

NEBA has provided the following letter of comment to the Agencies.

Major General Scott A. Spellmon has issued new guidance regarding Mitigation Bank Credit Release Schedules and Equivalency in Mitigation Bank and In-Lieu Fee Program Service Areas, addressing head-on two areas of historic concern for members of the Environmental Banking Industry. The new guidance for USACE District Engineers applies to mitigation banks and in-lieu fee programs not yet approved, and allows for sponsors of already approved projects to amend their existing mitigation banking instruments.

A new report from the Environmental Law Institute (ELI) and Stetson University College of Law outlines the wide range of approaches and practices currently in use by ILF programs across the United States. The goals of the informative report were to support program oversight and effectiveness in order to ultimately improve the protection and restoration of aquatic ecosystems.

The 2019 report highlights common and systemic shortcomings or flaws in ILF programs and notes necessary safeguards to protect the Clean Water Act (CWA) ILF Programs and the Endangered Species Act (ESA) Programs. Read the report via Nicholas Institute.

by Palmer Hough and Rachel Harrington via the Environmental Law Institute.  This retrospective documents the growth in mitigation banking, increases in credit transactions, time savings for permittees using mitigation credits and shows that more permittees are using mitigation credits to offset unavoidable impacts. A fascinating report written by folks who truly understand the industry. Read the report via the Environmental Law Institute