Compensating for Wetland Losses Under the Clean Water Act


Book Description

Recognizing the importance of wetland protection, the Bush administration in 1988 endorsed the goal of "no net loss" of wetlands. Specifically, it directed that filling of wetlands should be avoided, and minimized when it cannot be avoided. When filling is permitted, compensatory mitigation must be undertaken; that is, wetlands must be restored, created, enhanced, and, in exceptional cases, preserved, to replace the permitted loss of wetland area and function, such as water quality improvement within the watershed. After more than a dozen years, the national commitment to "no net loss" of wetlands has been evaluated. This new book explores the adequacy of science and technology for replacing wetland function and the effectiveness of the federal program of compensatory mitigation in accomplishing the nation's goal of clean water. It examines the regulatory framework for permitting wetland filling and requiring mitigation, compares the mitigation institutions that are in use, and addresses the problems that agencies face in ensuring sustainability of mitigated wetlands over the long term. Gleaning lessons from the mixed results of mitigation efforts to date, the book offers 10 practical guidelines for establishing and monitoring mitigated wetlands. It also recommends that federal, state, and local agencies undertake specific institutional reforms. This book will be important to anyone seeking a comprehensive understanding of the "no net loss" issue: policy makers, regulators, environmental scientists, educators, and wetland advocates.




Streams of Revenue


Book Description

An analysis of stream mitigation banking and the challenges of implementing market-based approaches to environmental conservation. Market-based approaches to environmental conservation have been increasingly prevalent since the early 1990s. The goal of these markets is to reduce environmental harm not by preventing it, but by pricing it. A housing development on land threaded with streams, for example, can divert them into underground pipes if the developer pays to restore streams elsewhere. But does this increasingly common approach actually improve environmental well-being? In Streams of Revenue, Rebecca Lave and Martin Doyle answer this question by analyzing the history, implementation, and environmental outcomes of one of these markets: stream mitigation banking. In stream mitigation banking, an entrepreneur speculatively restores a stream, generating “stream credits” that can be purchased by a developer to fulfill regulatory requirements of the Clean Water Act. Tracing mitigation banking from conceptual beginnings to implementation, the authors find that in practice it is very difficult to establish equivalence between the ecosystems harmed and those that are restored, and to cope with the many sources of uncertainty that make positive restoration outcomes unlikely. Lave and Doyle argue that market-based approaches have failed to deliver on conservation goals and call for a radical reconfiguration of the process.




Lawyers, Swamps, and Money


Book Description

Lawyers, Swamps, and Money is an accessible, engaging guide to the complex set of laws governing America's wetlands. After explaining the importance of these critical natural areas, the book examines the evolution of federal law, principally the Clean Water Act, designed to protect them. Readers will first learn the basics of administrative law: how agencies receive and exercise their authority, how they actually make laws, and how stakeholders can influence their behavior through the Executive Branch, Congress, the courts, and the media. These core concepts provide a base of knowledge for successive discussions of: the geographic scope and activities covered by the Clean Water Act the curious relationship between the U.S. Army Corps of Engineers and the Environmental Protection Agency the goal of no net loss of wetlands the role of entrepreneurial wetland mitigation banking the tension between wetland mitigation bankers and in-lieu fee mitigation programs wetland regulation and private property rights. The book concludes with insightful policy recommendations to make wetlands law less ambiguous and more effective. A prominent legal scholar and wetlands expert, professor Royal C. Gardner has a rare knack for describing landmark cases and key statutes with uncommon clarity and even humor. Students of environmental law and policy and natural resource professionals will gain the thorough understanding of administrative law needed to navigate wetlands policy-and they may even enjoy it.




Wetland Mitigation Banking


Book Description




Applied Wetlands Science and Technology


Book Description

Continuing the tradition of excellence established by the first edition, the Second Edition of Applied Wetlands Science and Technology provides the fundamentals for delineating, identifying, and regulating wetlands. It covers functions and values, ecological assessments, and how to minimize negative impacts on wetlands. The book also presents essen




Wetland Mitigation


Book Description

Regulations require that development projects in wetland areas restore or replace lost wetland functions and values. Completely updated to reflect recent legal developments, this practical reference explains those regulations and provides a current, comprehensive look at wetland mitigation options that comply with the regulations, minimize expenses, and avoid repeated delays.




Wetland Carbon and Environmental Management


Book Description

Explores how the management of wetlands can influence carbon storage and fluxes. Wetlands are vital natural assets, including their ability to take-up atmospheric carbon and restrict subsequent carbon loss to facilitate long-term storage. They can be deliberately managed to provide a natural solution to mitigate climate change, as well as to help offset direct losses of wetlands from various land-use changes and natural drivers. Wetland Carbon and Environmental Management presents a collection of wetland research studies from around the world to demonstrate how environmental management can improve carbon sequestration while enhancing wetland health and function. Volume highlights include: Overview of carbon storage in the landscape Introduction to wetland management practices Comparisons of natural, managed, and converted wetlands Impact of wetland management on carbon storage or loss Techniques for scientific assessment of wetland carbon processes Case studies covering tropical, coastal, inland, and northern wetlands Primer for carbon offset trading programs and how wetlands might contribute The American Geophysical Union promotes discovery in Earth and space science for the benefit of humanity.Its publications disseminate scientific knowledge and provide resources for researchers, students, and professionals.







Mitigation Banking


Book Description

Under the Clean Water Act, development that results in the permanent destruction of wetlands must, in most cases, be mitigated by the creation of a new wetland or the restoration of a degraded one. In recent years, the concept of "mitigation banking" has emerged. Rather than require developers to create and maintain wetlands on their own on a quid pro quo basis, mitigation banking allows them to pay for wetlands that have been created and maintained properly by others to compensate for their damage. The contributors to this volume provide an overview of mitigation banking experience in the United States, examine the key issues and concerns -- from providing assurances to determining the value of credits -- and describe the practice of developing and operating a mitigation bank. Topics include: history and current experience of mitigation banking policies and concerns of local, state, and federal agencies economics of mitigation banking funding, management, and operation of banks starting a mitigation bank




Wetland and Stream Rapid Assessments


Book Description

Wetland and Stream Rapid Assessments: Development, Validation, and Application describes the scientific and environmental policy background for rapid wetland and stream assessments, how such assessment methods are developed and statistically verified, and how they can be used in environmental decision-making—including wetland and stream permitting. In addition, it provides several case studies of method development and use in various parts of the world. Readers will find guidance on developing and testing such methods, along with examples of how these methods have been used in various programs across North America. Rapid wetland and stream functional assessments are becoming frequently used methods in federal, state and local environmental permitting programs in North America. Many governments are interested in developing new methods or improving existing methods for their own jurisdictions. This book provides an ideal guide to these initiatives. - Offers guidance for the use and evaluation of rapid assessments to developers and users of these methods, as well as students of wetland and stream quality - Contains contributions from sources who are successful in academia, industry and government, bringing credibility and relevance to the content - Includes a statistically-based approach to testing the validity of the rapid method, which is very important to the usefulness and defensibility of assessment methods