Mitigation 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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Florida Legislature Advances SB 492/HB 1175: Proposed Updates to Mitigation Banking Regulations

Apr12

Florida Legislature Advances SB 492/HB 1175: Proposed Updates to Mitigation Banking Regulations UPDATE: As of May 2, 2025: The SB 492 and HB 1175 have passed the legislature and will be headed to the Governor soon. If signed by the Governor, the bill would become effective July 1, 2025. UPDATE: As of April 11, 2025, SB 492 and HB 1175 have passed key committees and continue to move through the legislative process in the Florida Legislature. These proposed bills would introduce

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Army Corps Outsources Florida 404 Wetlands Permitting to Third-Party Contractor

Oct08

Army Corps Outsources Florida 404 Wetlands Permitting to Third-Party Contractor In a major development for Florida’s wetlands management, the U.S. Army Corps of Engineers (USACE) is now outsourcing portions of its Section 404 permitting process to a third-party contractor, SES Energy Services LLC. This announcement comes in the wake of ongoing legal disputes surrounding the state’s ability to manage wetlands, following a court ruling that has shifted control back to the Corps. Why This Matters for Florida’s Wetlands The Section 404 permitting process

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Navigating Florida’s Regulatory Turmoil: Environmental Permitting Delays Threaten Key Projects

Oct02

Navigating Florida’s Regulatory Turmoil: Environmental Permitting Delays Threaten Key Projects The regulatory landscape in Florida is shifting once again, causing confusion and uncertainty for key projects across the state. A sudden change in Section 404 permitting responsibilities is at the heart of this disruption, leaving many developers and stakeholders in limbo. Back in 2020, the State of Florida took on the responsibility of implementing Section 404 of the Clean Water Act(CWA) from the U.S. Army Corps of Engineers (USACE). The

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Mitigation Banking Regulation Updates: What You Need to Know for 2024

Aug23

Mitigation Banking Regulation Updates: What You Need to Know for 2024   As we step into 2024, it’s crucial for stakeholders in the environmental and development sectors to stay updated on the latest changes in Florida’s mitigation banking regulations. The Florida Department of Environmental Protection (DEP) has proposed several updates to Chapter 62-342 of the Florida Administrative Code, which governs the establishment and management of mitigation banks. These updates aim to refine the rules and ensure more robust protection and restoration of

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Navigating the Evolving Landscape of Wetland Mitigation Banking in 2024

Jan15

Navigating the Evolving Landscape of Wetland Mitigation Banking in 2024   As we navigate the complex and ever-evolving world of wetland mitigation banking, understanding the intricacies of this field is crucial for both environmental preservation and sustainable development. In a comprehensive article by Charles Boisseau, the nuances of mitigation banking, its impact on real estate, and the challenges faced by bankers and developers in Florida are thoroughly explored. From the historical evolution of wetlands management to the current market trends and regulatory frameworks,

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New Legislation Enhances Flexibility in Mitigation Banking – SB 1646 Overview

Jan10

New Legislation Enhances Flexibility in Mitigation Banking – SB 1646 Overview   In an exciting development for the world of environmental conservation and restoration, a significant mitigation banking bill was filed on January 5, 2024. This new legislation is poised to transform the current landscape of mitigation banking, particularly concerning the use of out-of-basin mitigation credits. At its core, the bill focuses on providing more flexibility in the use of mitigation credits, especially when in-basin options are unavailable. This new provision is a

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