Mitigation Banks Gain Traction According to National Report Card

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) released their retrospective on the 2008 Mitigation Rule that first established a preference for mitigation banks over other means to provide compensatory mitigation for projects permitted under the Clean Water Act Section 404 program. The report, entitled: The Mitigation Rule Retrospective: … Continue Reading »

EPA and Corps Issue New Definition of “Waters of the U.S.”

In what is keying up to be a very controversial issue, the EPA and Corps issued a new rule on May 27, 2015 defining “waters of the United States”.  The agencies intend the new definition to be a “bright line” for delineating the limit of their jurisdiction under the Clean Water Act (CWA).  This new … Continue Reading »

Maintenance Plan Key to Avoid Stormwater to Wetland Conversion

by Megan Stromberg Stormwater treatment facilities are not jurisdictional wetlands; however, stormwater to wetland conversion can occur if they are not maintained according to an approved management plan.  As long as they are maintained according to the plan, and drainage functions as designed, they remain non-jurisdictional. Impacts of Latest Stormwater Regulations Increasingly, developers, land owners, and facility … Continue Reading »