Banks And Fees The Status Of Off Site Wetland Mitigation In The United States

Under the Clean Water Act, development that results in the permanent destruction of wetlands must, in most cases, be mitigated by the creation of a new wetland or the restoration of a degraded one. In recent years, the concept of "mitigation banking" has emerged. Rather than require developers to create and maintain wetlands on their own on a quid pro quo basis, mitigation banking allows them to pay for wetlands that have been created and maintained properly by others to compensate for their damage.The contributors to this volume provide an overview of mitigation banking experience in the United States, examine the key issues and concerns -- from providing assurances to determining the value of credits -- and describe the practice of developing and operating a mitigation bank. Topics include: history and current experience of mitigation banking policies and concerns of local, state, and federal agencies economics of mitigation banking funding, management, and operation of banks starting a mitigation bank

Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.

Includes bibliographical references and index.

The conservation of biodiversity is now big business. Whether called conservation banking, species banking, habitat banking, biodiversity banking, biodiversity offsets, compensatory mitigation or ecological footprint offsetting, the idea of financially valuing biodiversity and using the market and businesses to promote conservation is growing rapidly.

Regulations require that development projects in wetland areas restoreor replace lost wetland functions and values. But you can avoid or minimizeexpenses and repeated delays - this new book provides the most comprehensive, in-depth treatment of wetland mitigation options available! Written in plain English, not legalese, this practical reference provides explanations ofthe relevant regulations, and guidance on mitigation requirements and thepermitting process. You'll learn everything you need to know about evaluating, selecting, negotiating and implementing the various mitigation measuresavailable to avoid, minimize, or compensate for land use development impacts to wetlands. The book also includes helpful tables and checklists, numerous"real life" mitigation case studies, and several useful appendices. Chapters include: Wetland Functions and Values; Wetland Identification; Wetlands Regulations; Wetland Permitting; Wetland Mitigation Compliance; Wetland Mitigation Options; Wetland Mitigation Banking; Wetland MitigationBanking Guidance; Wetland Mitigation Case Studies. Appendices include: U.S. EPA, Army Corps of Engineers, and State WetlandOffices; Clinton Administration's Wetlands Plan; Funding and Technical Assistancefor Wetland Acquisition and Restoration; and more.

First Published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.