August 21, 2022

NEBA DC Fly-In Highlights Hierarchy and Timeline

In meetings with senior policy representatives and leadership in Washington this week, the National Environmental Banking Association led by former Assistant Secretary of the Army (Civil Works) JP Woodley highlighted the need for consistency in implementing the 2008 Mitigation Rule across the U.S.

Jennifer Moyer, Regulatory Chief at U.S. Army Corps Headquarters discussed the importance of steps underway in response to the U.S. Congress directing the Corps to “properly and consistently implement” the 2008 Rule – language that was bound into the 2021 Energy and Water Appropriations Bill.  The Bill specifically underlines the need for adherence to the 2008 Rule’s mitigation hierarchy and the established preference for mitigation bank credits.  The 75-minute discussion included the Timeline and the importance of efficient permitting for Mitigation Banking Instruments. NEBA Chairwoman Donna Collier closed the meeting by thanking the Corps and especially Ms. Moyer for her steadfast leadership and her consistent hard work through the years with the banking association.

EPA’s Brian Topping discussed the upcoming the IRT workbooks expected for release soon and explored some of the technical and outreach efforts underway to support waterways and wetlands in a very informative session. Thoughtful and productive meetings were held with many others over the three-days including Mike Ruth from the U.S. Department of Transportation, representatives from relevant U.S. House and Senate Committees (Environment, Transportation, Natural Resources, Public Works) as well as the U.S. Fish & Wildlife Service. 

Donna Collier, NEBA Chairwoman closed the three day by noting: "We are so fortunate to have JP Woodley's participation in articulating the intent and requirements of the 2008 mitigation rule, since he is the one who issued it on behalf of the Corps of Engineers. He is clearing up the confusion that has surrounded the interpretation of the framework that the rule provides to a growing industry."

"The rule is solid when it is properly enforced," she said. "It has created the most successful environmental protection program in history. The hierarchy included in the rule paves the way for private investment in environmental restoration, which is becoming a powerhouse in support of a clean, healthy environment. The timeline for bank approval in the rule assures both bankers and developers of timely availability of mitigation, which boosts the economy and creates jobs in the areas we serve."

To everyone who made this most amazing event possible, and most especially to our invited guests and presenters, THANK YOU!  From the Board of the National Environmental Banking Association a special thanks to Mr. John Paul Woodley for his brilliant, tireless work.

You may also like

GAO Report Highlights Need for Greater Consistency in Mitigation Oversight

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

Read More

Ending the False Choice: Why Mitigation Banking Strengthens Both Economy and Ecology

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

Read More

Subscribe to our newsletter now!