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New Directions for Wetland Mitigation and Implications for the Nation's Waters

February 2007

Citation: 37 ELR 10114

Issue: 2

Author: Holly V. Campbell

Editors' Summary: Many parties and factors are participating in shaping the future of wetland loss mitigation. Considerations of the status and viability of the "no net loss" wetlands policy are urgent in light of increasing population and urban development. In this Article, Holly Campbell examines U.S. wetlands law and policy, particularly the role of mitigation. She begins the Article with some background information on wetlands compensatory mitigation and where it fits within the law. She describes the 2001 National Research Council findings and recommendations regarding wetlands mitigation, and concludes with her observations and predictions for the long-term future of wetlands, mitigation, and what may be necessary to achieve a net gain in wetland functions across the United States.

Holly V. Campbell earned her J.D. from the University of Oregon in 1991, and her L.L.M. from the University of Utah in 2006. The author wishes to thank the following: Robert W. Adler, James I. Farr Professor of Law; Robert B. Keiter, Professor of Law and Director, Wallace C. Stegner Center for Land, Resources, and the Environment, University of Utah; and Chris Luecke, Professor and Head, Watershed Sciences, Utah State University.

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