On November 3, 2015, President Obama directed key federal agencies to adopt new or more extensive compensatory mitigation policies over the next six to twenty-four months. Once implemented, these policies could block development of certain sensitive areas and substantially increase the cost of mitigation required to obtain federal permits and approvals.

The new policy, entitled “Mitigating Impacts on Natural Resources from Development and Encouraging Private Investment,” applies to federal land management agencies, as well as those with permitting and regulatory jurisdiction. These include the Department of Agriculture (US Forest Service), the Department of Interior (Bureau of Land Management, US Fish & Wildlife Service, Bureau of Ocean Energy Management), the Environmental Protection Agency, the Department of Defense (US Army Corps of Engineers), and the National Oceanic and Atmospheric Administration (National Marine Fisheries Service).