Palmer Hough and Rachel Harrington of the U.S. Environmental Protection Agency (USEPA), writing in January's Environmental Law Reporter reflect on the past decade's progress and the significant collective efforts of "mitigation practitioners, private-sector entrepreneurs, conservation organizations, scientists, and regulators in improving 1. 33 U.S.C. §§1251-1387, §1344, ELR Stat. FWPCA §§101-607."
Hough was the USEPA's lead author on the 2008 Compensatory Mitigation Rule, which was developed jointly with the U.S. Army Corps of Engineers. He currently serves as EPA’s national lead on wetland, stream, and other aquatic resource mitigation.
The report documents the growth in mitigation banking, increases in credit transactions, time savings for permittees using mitigation credits and the fact that more permittees are using mitigation credits to offset unavoidable impacts. A fascinating report written by folks who truly understand the industry. Read More via NEBA's 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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