An Open Letter to the National Mitigation Banking Association (NMBA)

December 14, 2016

The National Mitigation Banking Association (NMBA) was formed in June of 1998.  It happened when a handful of mitigation bankers – all industry competitors – volunteered to formally work together to promote policy and legislation in support of mitigation banking for the offset of unavoidable environmental impacts. For almost twenty years, that spirit of cooperation flourished, enabling this important association to make significant accomplishments for the industry including the 2008 Mitigation Rule, the 2015 Presidential Memorandum which preferences advance mitigation, the Department of Interior’s updated manual, and much more.

NMBA was only able to become such a credible and trusted voice in Washington DC and across the United States because business competitors committed to work together to make the industry better by fighting for strict guidelines and durable projects that restore degraded aquatic resources and habitats.  From Capitol Hill to the White House, at U.S. Army Corps Headquarters, Divisions and Districts, at the Environmental Protection Agency, Department of Interior, U.S. Fish & Wildlife Service and beyond, NMBA grew to become THE industry voice.  Many volunteers and contributors over many years helped build the organization’s treasury while strengthening NMBA’s influence.  The association’s Board of Directors expanded and its representation became increasingly diverse – until June of 2016.

Read the Resolution

June of 2016 was when a group of three members decided to push through a highly questionable resolution at the Board of Directors. It’s also when NMBA began to die. The sweeping resolution was adopted without proper notice to membership and without a vote by membership. It was passed despite protestations by Board members, Association senior advisors, and legal counsel. The resolution created an explicit pay-to-play arrangement for three select NMBA members and enabled the association to effectively be acquired by the three firms. Those three members now direct the association’s operations and management without the consent or knowledge of NMBA’s membership and in many cases without the knowledge or consent of its elected board. NMBA is now a “back room” operation working to undermine many hard-fought mitigation banking standards and protections.

Understandably, many who built, served, and supported NMBA, have decided to leave the association because the once-respected NMBA is now gone.  Several board members have resigned and more will follow.  Its spirit of inclusiveness and cooperation committed to high quality private market mitigation solutions have been vanquished by a select few with their own agendas. They fear competition and are not interested in working together to continue growing the industry but instead have determined to undermine and weaken many established mitigation banking standards.

As many former NMBA members and leaders have abandoned the association, it is increasingly clear that new organizations must spring up to continue the important work of representing small businesses and others working in the mitigation space. This is an important time for the industry and a pivotal moment to support the highest-quality environmental standards, program equivalency, project durability and more – all efforts that will continue to grow the mitigation banking industry.  Businesses simply must work together to continue providing outreach to all who share the vision for high standards in environmental offsets. Only together may we continue to be the trusted voice for this vital industry.

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