News & Analysis as of

Natural Resources Mitigation

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Electric Generation Facility: Supreme Court of Vermont Addresses Enforceability of Mitigation Guidance

The Supreme Court of Vermont (“Supreme Court”) in a December 2nd Opinion addressed a challenge to two guidance documents and a classification system issued by the Vermont Agency of Natural Resources (“ANR”). See Otter Creek...more

Lewis Roca

Bureau of Land Management Updates Its Mitigation Policies

Lewis Roca on

Late last month, the Bureau of Land Management (“BLM”) issued Instruction Memorandum 2021-046 to reinstate both BLM Manual Section (MS-1794) and BLM Handbook (H-1794-1), which restore previously rescinded BLM policies on...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Is a Wetland Mitigation Project Permitted in an Area Zoned "Agricultural Residential"?: New Jersey Appellate Court Opinion

A New Jersey appellate court addressed in a July 31st opinion whether a wetlands mitigation project is permitted in an agricultural residential zone. See Baduini v. Land Use Bd. Of Independence Township Docket No.,...more

Hogan Lovells

BLM reverses position on "compensatory mitigation"

Hogan Lovells on

On 24 July, 2018, the Bureau of Land Management (BLM) instructed its personnel that the agency lacks authority to require monetary payments and other forms of compensatory mitigation as a condition of obtaining authorization...more

Sheppard Mullin Richter & Hampton LLP

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which...more

Nossaman LLP

U.S. Fish & Wildlife Finalizes First-Ever ESA Compensatory Mitigation Policy

Nossaman LLP on

On December 27, 2016, the U.S. Fish & Wildlife Service (FWS) issued its final Endangered Species Act (ESA) Compensatory Mitigation Policy (Policy) – the first policy to comprehensively address compensatory mitigation under...more

Nossaman LLP

U.S. Fish and Wildlife Service Announces Changes to Mitigation Policy

Nossaman LLP on

On November 21, 2016, the U.S. Fish and Wildlife Service (Service) published the final revisions to its Mitigation Policy. The Mitigation Policy, first published in 1981, guides the Service’s recommendations and requirements...more

Perkins Coie

FWS Proposes Revisions to Development Mitigation Policy

Perkins Coie on

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more

Dorsey & Whitney LLP

Seeking Net Benefits: President Obama Issues New Federal Policy on Addressing and Mitigating Environmental Harm Early in the...

Dorsey & Whitney LLP on

On November 3, 2015, the White House released a Presidential Memorandum intended to encourage federal agencies to consider land use planning more holistically, clearly and consistently, addressing mitigation needs before they...more

King & Spalding

Presidential Directive Establishes New Compensatory Mitigation Policy, Expanding Future Costs and Obligations for Federally...

King & Spalding on

On November 3, 2015, President Obama directed key federal agencies to adopt new or more extensive compensatory mitigation policies over the next six to twenty-four months. Once implemented, these policies could block...more

Foley Hoag LLP - Environmental Law

Coming Soon to a Project Near You: Advance Compensation

Earlier this month, the White House released a Presidential Memorandum on “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment.” If that portentous title isn’t enough to make...more

Beveridge & Diamond PC

To Mitigate or Not to Mitigate: No Longer a Question for Environmental Reviews?

Beveridge & Diamond PC on

Even the casual college football observer has probably seen by now the wild final play of the Duke-Miami game on October 31. After the game ended, it was determined that Miami literally stole the win as a result of referee...more

Stoel Rives LLP

Presidential Memo Imparts “Moral Obligation” on Agencies to Mitigate Impacts of Natural Resource Development

Stoel Rives LLP on

On Tuesday, November 3, the White House released a Presidential Memorandum: “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” (“Memorandum”). The Memorandum was sent to the...more

WilmerHale

Administration Announces New Mitigation Policies

WilmerHale on

This afternoon, the Administration issued two policies intended to encourage private investment in natural resource conservation and to facilitate application of the mitigation hierarchy—avoiding, minimizing and compensating...more

Miller Starr Regalia

Satisfying State Compensatory Mitigation Requirements Under CEQA On Federal Conservation Lands: CDFW And BLM Agree To Cooperate To...

Miller Starr Regalia on

On October 2, 2015, the Bureau of Land Management (“BLM”) and the California Department of Fish and Wildlife (“CDFW”) entered into a 12-page “agree[ment] to work with each other to conserve biological and natural resources on...more

15 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide