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This document reports wetland mitigation banking experience to date. The Environmental Law Institute conducted an inventory of banks that supplemented information gathered as part of the National Wetlands Mitigation Banking Study conducted by the Corps of Engineers Institute for Water Resources (IWR). Additional information was gathered by IWR in a detailed study of selected banks. Wetland mitigation banking offers the potential for restoration and conservation of ecologically meaningful and robust wetland systems, planning on a landscape scale, and the harnessing of entrepreneurial as well as public funding to the task of wetland compensation. It provides practical advantages in monitoring and management of compensatory wetlands. Like other forms of compensatory mitigation, it presupposes a wetland policy that continues to allow the lawful destruction of certain natural wetlands. Its potential utility must be measured not in comparison with a ban on wetland conversions, but on whether it can improve upon current compensatory methods. It appears that it can.
"Describes the accomplishments during phase one of the two phase National Wetland Mitigation Banking Study authorized by Section 307(d) of the Water Resources Development Act of 1990"--P. 1.
An analysis of stream mitigation banking and the challenges of implementing market-based approaches to environmental conservation. Market-based approaches to environmental conservation have been increasingly prevalent since the early 1990s. The goal of these markets is to reduce environmental harm not by preventing it, but by pricing it. A housing development on land threaded with streams, for example, can divert them into underground pipes if the developer pays to restore streams elsewhere. But does this increasingly common approach actually improve environmental well-being? In Streams of Revenue, Rebecca Lave and Martin Doyle answer this question by analyzing the history, implementation, and environmental outcomes of one of these markets: stream mitigation banking. In stream mitigation banking, an entrepreneur speculatively restores a stream, generating “stream credits” that can be purchased by a developer to fulfill regulatory requirements of the Clean Water Act. Tracing mitigation banking from conceptual beginnings to implementation, the authors find that in practice it is very difficult to establish equivalence between the ecosystems harmed and those that are restored, and to cope with the many sources of uncertainty that make positive restoration outcomes unlikely. Lave and Doyle argue that market-based approaches have failed to deliver on conservation goals and call for a radical reconfiguration of the process.
Recognizing the importance of wetland protection, the Bush administration in 1988 endorsed the goal of "no net loss" of wetlands. Specifically, it directed that filling of wetlands should be avoided, and minimized when it cannot be avoided. When filling is permitted, compensatory mitigation must be undertaken; that is, wetlands must be restored, created, enhanced, and, in exceptional cases, preserved, to replace the permitted loss of wetland area and function, such as water quality improvement within the watershed. After more than a dozen years, the national commitment to "no net loss" of wetlands has been evaluated. This new book explores the adequacy of science and technology for replacing wetland function and the effectiveness of the federal program of compensatory mitigation in accomplishing the nation's goal of clean water. It examines the regulatory framework for permitting wetland filling and requiring mitigation, compares the mitigation institutions that are in use, and addresses the problems that agencies face in ensuring sustainability of mitigated wetlands over the long term. Gleaning lessons from the mixed results of mitigation efforts to date, the book offers 10 practical guidelines for establishing and monitoring mitigated wetlands. It also recommends that federal, state, and local agencies undertake specific institutional reforms. This book will be important to anyone seeking a comprehensive understanding of the "no net loss" issue: policy makers, regulators, environmental scientists, educators, and wetland advocates.
In discussion with Ramsar’s Max Finlayson and Nick Davidson, and several members of the Society of Wetland Scientists, Springer is proposing the development of a new Encyclopedia of Wetlands, a comprehensive resource aimed at supporting the trans- and multidisciplinary research and practice which is inherent to this field. Aware both that wetlands research is on the rise and that researchers and students are often working or learning across several disciplines, we are proposing a readily accessible online and print reference which will be the first port of call on key concepts in wetlands science and management. This easy-to-follow reference will allow multidisciplinary teams and transdisciplinary individuals to look up terms, access further details, read overviews on key issues and navigate to key articles selected by experts.
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.
The Law and Policy of Ecosystem Services is the first comprehensive exploration of the status and future of natural capital and ecosystem services in American law and policy. The book develops a framework for thinking about ecosystem services across their ecologic, geographic, economic, social, and legal dimensions and evaluates the prospects of crafting a legal infrastructure that can help build an ecosystem service economy that is as robust as existing economies for manufactured goods, natural resource commodities, and human-provided services. The book examines the geographic, ecological, and economic context of ecosystem services and provides a baseline of the current status of ecosystem services in law and society. It identifies shortcomings of current law and policy and the critical areas for improvement and forges an approach for the design of new law and policy for ecosystem services. Included are a series of nine empirical case studies that explore the problems caused by society’s failure to properly value natural capital. Among the case study topics considered are water issues, The Conservation Reserve Program, the National Conservation Buffer Initiative, the agricultural policy of the European Union, wetland mitigation, and pollution trading. The Law and Policy of Ecosystem Services is a groundbreaking look at the question of whether and how law and policy can shape a sustainable system of ecosystem service management. It is an accessible and informative work for faculty, students, and policy makers concerned with ecology, economics, geography, political science, environmental studies, law, and related fields.