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.
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-InSeptember 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 directly impact
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, ChairKEVIN MORAN, Vice-ChairKENNETH JESENSKY, Secretary/TreasurerROBERT SPOTH, Board
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