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Mitigation

Brownfields to Green: A Proposal for Redevelopment of Brownfields Property for Natural Resource Value

There are many sites in the United States that are blighted or undeveloped because of actual or perceived environmental contamination. Often, these sites are “orphans,” without existing owners having the wherewithal to undertake...

The Mythology of Mitigation Banking

Fragile but economically, culturally, and ecologically important, Louisiana’s wetlands comprise 40% of all wetlands in the United States, but its wetland loss is 80% percent of the national total. The state loses the equivalent of a...

Koontz v. St. Johns River Water Management District: Will It Impact Mitigation Conditions in §404 Permits?

Required mitigation of wetlands impacts is a mandatory feature of many Clean Water Act §404 permits. In Koontz v. St. Johns River Water Management District, the U.S. Supreme Court held that government agencies must show a...

The Next Generation of Mitigation: Advancing Conservation Through Landscape-Level Mitigation

Editors' Summary:

In coming years, the United States will experience significant loss of natural habitats due to population growth, infrastructure and energy development, and climate change. These trends will significantly impact...

What Happens When a Wetland Mitigation Bank Goes Bankrupt?

Editors' Summary: The wetland mitigation banking business has grown dramatically in the last decade. But as is true with any business, mitigation banks are subject to risk, including the risk of going bankrupt. This Article looks at how...

The Value of Wetlands as Wetlands: The Case for Mitigation Banking

Wetlands mitigation banking, a concept endorsed by former President Bush as a means to achieve the goal of no net loss of wetlands, is a valuable resource management tool that deserves the support of the Clinton Administration. Wetlands...