Wetlands Program — Research & Policy Analysis

Leader in Compensatory Mitigation Research

Every year, human activities cause significant harm to fish and wildlife habitat and the environment. Many of the impacts to these natural resources are never addressed. In certain cases, however, federal, state, and local laws and programs can require monetary or in-kind compensation for these impacts. In the report Mitigation of Impacts to Fish and Wildlife Habitat: Estimating Costs and Identifying Opportunities, ELI estimates that private and public expenditures for such compensation under key federal programs total up to $3.8 billion annually.

The report also highlights potential opportunities to use the fifty State Wildlife Action Plans to help direct these compensatory mitigation funds in a manner that could support state, regional, or local conservation objectives; and, in so doing, to help conserve fish and wildlife species and biodiversity nationwide and over the long term.

ELI’s has published multiple studies of groundbreaking research on compensatory mitigation for wetlands loss, providing citizen groups, local, state, and federal agencies, the public, and the regulated community with the information they need to evaluate the ability of wetland mitigation banking and in-lieu fee mitigation to achieve their regional wetland conservation and land use planning objectives. Click here to read more on ELI’s research on compensatory mitigation.

Protecting Wetland and Aquatic Resource Buffers

ELI is researching state and local laws, regulations, and ordinances that control development and other activities in areas adjacent to wetlands and aquatic resources to compare approaches and identify models. The Planner's Guide to Wetland Buffers for Local Governments identifies both the state-of-the-art and the range of current practice in protection of the lands adjacent to wetlands by local government ordinances. The Guide provides information on buffer sizes, land use restrictions, enforcement, and other factors that cities and towns need to know to manage land use and development in these important areas in order to prevent flooding, protect wildlife, and manage water resources.

Avoidance and Minimization of Impacts to Wetlands

ELI is conducting research to identify the range of current federal and state regulatory practices and procedures used to require projects to avoid and minimize impacts to wetlands when seeking regulatory approvals. Click here to read ELI's latest reports on the federal and state level regulations.

State Wetland Program Evaluation

ELI has completed a 50-state study that describes and analyzes seven “core” components of state wetland programs: state laws, regulations, and programs; monitoring and assessment; restoration programs and activities; water quality standards; public-private partnerships; coordination among state and federal agencies; and education and outreach activities. The ELI Study of State Wetland Programs Webpage includes summaries on individual states and ELI´s final report describing status and trends, model programs, and summary data for all 50 states.

Clean Water Act Jurisdiction

ELI is conducting research to support the protection for wetlands and waters no longer protected by the federal Clean Water Act in the wake of the Supreme Court’s closely divided decisions in the SWANCC case in 2001 and the Rapanos case in 2006. The project examines the gaps in existing jurisdiction and the extent and significance of the wetland and stream resources at risk. The project will consider some of the alternatives available to fill the gap, including action by the states, by federal agencies and by Congress. Unless and until Congress amends the Act to extend or restate its intended coverage of the “waters of the United States,” ELI’s Clean Water Act Jurisdictional Handbook is the comprehensive resource for applying science and law to this tangle jurisdictional problem. Because Supreme Court rulings have called into question federal Clean Water Act coverage, legislation introduced in the House and Senate would amend the Act to clarify Congress’s intent to regulate the waters of the United States to the fullest extent. ELI has issued a white paper that identifies which constitutional powers Congress can rely on to protect the Nation’s waters, and explains what the Supreme Court has said about these powers.