Mitigation News

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 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 significant changes to Florida’s mitigation banking framework, including standardized credit release schedules and expanded flexibility in using out-of-service-area credits. If passed and signed into law, these updates aim to streamline credit availability while maintaining environmental standards—particularly

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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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