Important News

Federal Agencies Propose Narrowing Definition of “Harm” Under the Endangered Species Act

Apr24

Proposed Change to “Harm” Definition Could Impact ESA Protections and Conservation Banking As mitigation bankers and conservation professionals, we keep a close watch on federal regulatory changes. A new proposal from the U.S. Fish and Wildlife Service (FWS) and NOAA Fisheries deserves your full attention. On April 17, 2025, the agencies published a proposed rule to revise the regulatory definition of “harm” under the Endangered Species Act (ESA). If finalized, this change would narrow the circumstances under which habitat modification is considered

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Regulatory Insights April 2025: How Pending Decisions Could Reshape the Mitigation Banking Industry

Apr24

April 2025 Regulatory Insights: Navigating the Changing Landscape of Mitigation Banking As we move through the second quarter of 2025, several major regulatory decisions are taking shape, each with the potential to significantly impact how we approach environmental permitting, credit sales, and long-term mitigation banking strategies. I believe staying ahead of these changes is key to protecting your investments and continuing our shared mission of preserving critical ecosystems. Here are four important updates to keep on your radar: 1. Redefining “Waters of

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Executive Order Threatens Core Environmental Regulations: Implications for Mitigation Banking

Apr16

Executive Order on Zero-Based Regulatory Budgeting Puts Mitigation Banking at Risk On the heels of the recently issued Executive Order on Zero-Based Regulatory Budgeting, serious concerns are emerging across the environmental and mitigation banking communities. This sweeping directive mandates that federal agencies—including the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and Environmental Protection Agency—must assign expiration dates to nearly all environmental regulations unless re-justified and formally extended. What’s at Stake? The Order threatens the very legal

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2022 Legislative Update

Jul27

The 2022 Legislative Session went into overtime, as the Senate and House were not able to agree on the budget in time to adjourn by Friday. They returned on Monday, March 14 to approve the budget and adjourned sine die at 1:03 pm. The Legislature approved a budget for Fiscal Year 2022-2023 in a record amount of $112 billion. Attention now turns to the Governor and his veto power over passed legislation, including line-item veto power over the budget. The 2022 Legislature addressed a

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The Navigable Waters Protection Rule Update Victoria Bruce, CEO of The Mitigation Banking Group, Inc. July 6, 2020

Jul06

On June 22, 2020, President Donald Trump signed The Navigable Waters Protection Rule to define the “Waters of the United States” (WOTUS). The new rule repeals the 2015 Clean Water Rule which will limit the extent of federal regulation. However, it will provide a consistent and clear definition of the “Waters of the United States” (WOTUS). Throughout the U.S., Court challenges are already underway, and states have conflicting rulings. This new rule reverts regulations to the 1986 version of WOTUS. Under the

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The Navigable Waters Protection Rule to define “Waters of the United States”

Glistening Water
Jun24

The Navigable Waters Protection Rule to define “Waters of the United States” became effective on June 22, 2020 and will replace the Step One Rule published in October, 2019. For the first time, the agencies are streamlining the definition so that it includes four simple categories of jurisdictional waters, provides clear exclusions for many water features that traditionally have not been regulated, and defines terms in the regulatory text that have never been defined before. Congress, in the Clean Water Act, explicitly

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COVID-19 Mitigation Banking Industry Update

Background Landscape Sunset
Mar24

COVID-19 MITIGATION BANKING INDUSTRY UPDATE To the Florida Mitigation Banking Community: I hope this finds each of you safe and well during this time. The Florida Association of Mitigation Bankers strives to be a source of reliable information as changes occur throughout the mitigation banking industry.  As such, we want you to know that we are closely monitoring the effects of the COVID-19 situation and its direct impacts on our industry. The FAMB Board members are in frequent contact with the Corps, FDEP, and each

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The Florida Association of Mitigation Bankers (FAMB) 2020 Annual Workshop

Jan10

Victoria Bruce is proud to be on the FAMB workshop committee for The Florida Association of Mitigation Bankers (FAMB) 2020 Annual Workshop! Please join us on Friday, February 27th- February 28th at the Omni Jacksonville. *Panelist discussions from: The Florida Department of Transportation, U.S. Fish and Wildlife Services and Florida Fish and Wildlife Conservation Commission in addition to those from U.S. Army Corps of Engineers, FDEP and Water Management Districts. A special session will

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Definition of “Waters of the United States”- Recodification of Pre-Existing Rules

Glistening Water
Oct29

The final rule to repeal the 2015 Clean Water Rule was published to the federal register on 10/15. This rescinds the 2015 Clean Water Rule and re-codifies the regulatory definition of water of the United States as it existed prior to the 2015 rule. The rule will be effective as of 12/23/19. The agencies are taking this final action to repeal the Clean Water Rule: Definition of “Waters of the United States,” 80 FR 37054 (June 29, 2015), and to recodify the regulatory

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