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The State of Compensatory Mitigation

October 2017

Citation: 47 ELR 10817

Issue: 10

Author: Kathryn Campbell, Karen Bennett, Collis Adams, Donna Collier, and Vince Messerly

Compensatory mitigation has been a rapidly growing industry among states, nonprofits, and the private sector ever since the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) released their 2008 Mitigation Rule, providing clarification to aid agencies, states, permittees, consultants, and others involved in the mitigation process. Since then, further efforts have been made to provide guidance through various rules, memorandums, and policy updates. However, with the Trump Administration’s plans for change, what can the mitigation industry expect moving forward? In conjunction with the 2017 National Wetlands Awards, ELI hosted a panel discussion on May 18, 2017, to address some of these uncertainties. Panelists discussed the future prospects and challenges that face the many aspects of this industry and what it means for wetlands protection. Here, we present a transcript of the discussion, which has been edited for style, clarity, and space considerations.

Kathryn Campbell is a Staff Attorney at the Environmental Law Institute. Karen Bennett is a Partner in the Environment, Energy, and Natural Resources group at Clark Hill PLC. Collis Adams is Administrator of the Wetlands Bureau at the New Hampshire Department of Environmental Services. Donna Collier is founder and Manager of Valencia Wetlands Trust and Chair of the National Environmental Banking Association. Vince Messerly is President of the Stream and Wetland Foundation.

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