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Environmental impact statement (EIS)

Solid Ground: Using Mitigation to Achieve Greater Predictability, Faster Project Approval, and Better Conservation Outcomes

Mitigation—shorthand for avoiding impacts to important species and habitat, minimizing impacts, and then providing offsets for the remaining, residual impacts—is a valuable tool for developers and federal agencies to comply with the...

The "Action-Forcing" Requirements of NEPA and Ongoing Actions of the Federal Government

The U.S. Supreme Court most properly held in Marsh v. Oregon Natural Resources Council that it would be "incongruous" if "blinders to adverse environmental effects, once unequivocally removed, [were] restored prior to the...

Mitigation Banking as an Endangered Species Conservation Tool

A recent headline on the front page of the Wall Street Journal hailed the opening of the nation's first "butterfly bank."1 The "deposits" in this unusual bank are conservation credits earned by...

Federal Wetland Mitigation Banking Guidance: Missed Opportunities

 

In November 1995, five federal agencies—the U.S. Army Corps of Engineers (the Corps), the U.S. Environmental Protection Agency (EPA), the Natural Resources Conservation Service, the Fish and Wildlife Service (FWS), and the...

The Legislative Environmental Impact Statement: An Analysis of Public Citizen v. Office of the U.S. Trade Representative

At its heart, the National Environmental Policy Act (NEPA)1 is an informational statute. Designed to make Congress and the public the beneficiaries of environmental impact information for all major federal...