The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (the Agencies) are beginning consultation and coordination with state and local governments and others on the Agencies’ proposed rulemaking to revise the compensatory mitigation regulations. The Agencies are seeking feedback about how this rulemaking might affect our industry and any recommendations regarding content of a rulemaking that you may have.
Potential changes under consideration currently include:
The Pre-Proposal Comment Period Concludes August 9, 2019. Comments and suggestions should be submitted to info@environmentalbanking.org before July 15.
See Powerpoint Presentation “Mitigation Rules Briefing” via the NEBA Reports Page
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 This mindset is not only outdated—it is actively harmful to both outcomes.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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