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
The mitigation banking industry is at a pivotal moment. Regulatory shifts, evolving interpretations of the 2008 Mitigation Rule, and increasing pressure from alternative mitigation programs are reshaping the landscape. In this environment, a unified voice is not just beneficial—it’s essential. That’s where membership in the National Environmental Banking Association (NEBA) makes a difference.
Read MoreAccording to US Army Corps of Engineers (USACE) data, there are more than 8 million Advance Mitigation Credits sitting on the ledgers of the many dozens of In-Lieu Fee (ILF) Programs across the United States today, nearly all of which are exempt from any financial assurance that the mitigation projects will actually be performed.
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