OTHER RESOURCES

WOTUS (Waters of the United States)

For the new rule, see pages xxii and 171 – 174 in the Economic Analysis for the Navigable Waters Protection Rule: Definition of “Waters of the United States” (U.S. Environmental Protection Agency and Department of the Army, January 22, 2020)

Page 312 of 340 from the preamble to the new rule states:
“The sectors likely to be most impacted by the rule are mitigation banks and companies that provide aquatic resource restoration services. Because fewer waters would be subject to the CWA regulation under the final rule than are subject to regulation under the 2019 Rule, there may be a reduction in demand for mitigation and restoration services under the section 404 permitting program.”

Additional Resources

Compensatory Mitigation on Federal Lands, Nicholas Institute for Environmental Policy Solutions, Duke University, January 2020
A timely paper on compensatory mitigation on federal lands just published by Duke University’s Nicholas Institute for Environmental Policy Solutions.

40 CFR Part 230 Compensatory Mitigation for Losses of Aquatic Resources; Final Rule (U.S. Army Corps of Engineers, U.S. Department of Defense, and U.S. Environmental Protection Agency, April 10, 2008)

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