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 Association has requested review for implementation of the 2008 Mitigation Rule, with explicit consideration to the Rule's Hierarchy, the Rule's Timeline, and for compliance of all mitigation projects in properly addressing the 12 elements of mitigation required under the Rule.
This outreach by NEBA comes as the U.S. Congress expresses strong concern for inconsistent application of the federal mitigation program by various Corps Districts and orders the agency to undertake steps to remedy these inconsistencies in the program. >Read More
NEBA's membership and governing board hope this action and such programmatic review will be used to help identify and address inconsistencies where they may exist across the Districts. We believe such a review will be very helpful in identifying opportunities for programmatic improvement, addressing refinements to the mitigation rule, and improving training. >Read Document
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 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 This mindset is not only outdated—it is actively harmful to both outcomes.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
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