The U.S. Army Corps of Engineers (USACE) has released new guidance — Engineer Circular 37-1-141: Operations in Lapse of Appropriations — outlining how the agency will function during the government shutdown.
Under this directive, only activities deemed essential to protect life, property, or national security will continue with minimal staffing.
For mitigation bankers, consultants, and permit applicants, this means regulatory reviews, credit releases, and permit decisions may be temporarily delayed until Congress enacts new appropriations or a continuing resolution.
NEBA encourages members to stay informed, maintain open communication with district staff, and plan for potential processing delays.
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 when permitted
Read MoreFor 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 This mindset is not only outdated—it is actively harmful to both outcomes.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 that well-functioning
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