A United States District Court (D. South Carolina) (“Court”) addressed in a December 27th Order and Opinion (“Order”) an issue arising out of a Clean Water Act citizen suit action challenging the United States Army Corps of...more
During a roundtable at the Fifth International Debarment Colloquium last month, Joseph Mauro, a spokesperson for the Compliance Unit of the World Bank Group’s (“World Bank”) Integrity Vice Presidency (“INT”), announced recent...more
On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more
The United States Army Corps of Engineers (Vicksburg District) (“Corps”) issued a November 13th Public Notice regarding a proposal by WYCAR Land Company, LLC, to establish a wetland mitigation bank (“Bank”). See Application...more
The United States Army Corps of Engineers (“Corps”) Headquarters issued a new Regulatory Guidance Letter (“RGL”) addressing wetland mitigation banks....more
A number of national trade associations filed March 12th comments with the United States Army Corps of Engineers (“Corps”) on a Corps district’s proposed: Guidelines Covering Specific Elements for the Establishment of New...more
The Court of Appeal of Louisiana (“Court”) was asked to consider whether the Louisiana public bid law applied to the sale of wetland mitigation bank credits. See Zachary Mitigation Area, LLC v. Tangipahoa Parish Council, 2017...more
In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more
A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more