John Paul Woodley, former Assistant Secretary of the Army (Civil Works) talks about the goals and the intent of the 2008 Final Mitigation Rule (The Rule) with National Environmental Banking Association (NEBA) Chairwoman Donna Collier in this just released interview.
As the man who enacted The Rule on behalf of the Agency, this enlightening talk explores Inter-Agency Review Teams (IRTs), the Mitigation Hierarchy and other topics. "I consider the hierarchy to be the heart and soul of the Mitigation Rule" he says. "That's because the hierarchy is meant to foster the use of mitigation banks."
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.
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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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