Martin Doyle reporting in the Duke University Nicholas Institute for Environmental Policy Solutions, analyzes the incentives created by the In Lieu Fee (ILF) Program model, summarizing 'there are financial and environmental risks that are unique to ILF Programs.'
The 2019 report, highlights common and systemic shortcomings or flaws in ILF programs and notes necessary safeguards to protect the Clean Water Act (CWA) ILF Programs and the Endangered Species Act (ESA) Programs.
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According 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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