Virtual DC Fly-In Highlights Mitigation Hierarchy and Timeline

October 13, 2021

In meetings with senior policy officials and regulatory leadership from Washington last week, Trout Headwaters CEO, Michael Sprague and other representatives from the National Environmental Banking Association (NEBA) led by former Assistant Secretary of the Army (Civil Works) JP Woodley highlighted the need for consistency in implementing the 2008 Mitigation Rule across the U.S.

Jennifer Moyer, Regulatory Chief at U.S. Army Corps Headquarters discussed the importance of steps underway in response to the U.S. Congress directing the Corps to “properly and consistently implement” the 2008 Rule – language that was bound into the 2021 Energy and Water Appropriations Bill.  The Bill specifically underlines the need for adherence to the 2008 Rule’s mitigation hierarchy and the established preference for mitigation bank credits.  The 75-minute discussion included a request from industry for adherence to regulatory permitting timelines for mitigation and ecological restoration projects.

EPA’s Brian Topping discussed the upcoming IRT workbooks expected for release soon and explored some of the technical and outreach efforts underway to support waterways and wetlands in a very informative session. Thoughtful and productive meetings were held with many others over three-days including Mike Ruth from the U.S. Department of Transportation, representatives from relevant U.S. House and Senate Committees (Environment, Transportation, Natural Resources, Public Works) as well as the U.S. Fish & Wildlife Service. 

CEO Michael Sprague commented following the 3-day-round of talks: “Environmental mitigation and ecological restoration would benefit from permit streamlining, adherence to the federal mitigation rule and by consideration to the present urgency of restoring our damaged vital natural resources – including streams, wetlands and other habitats.  Private investment in environmental restoration, through mechanisms like environmental banking, is fast becoming a powerful engine in helping to drive a cleaner, healthier environment for all, creating jobs as we serve.”

Thanks go to all those who presented, to J.P. Woodley, the Association and the NEBA Board for all they did to facilitate these meetings. 

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