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
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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