New Report Outlines Effective and Innovative “In-Lieu Fee” Compensatory Mitigation Programs Nationwide
July 2019

(Washington, DC) — Recent historic flooding across the United States and the ever-increasing threat of powerful hurricanes have highlighted the importance of healthy wetlands and the consequences of the loss of these critical habitats. These vital ecosystems provide a number of economic and environmental benefits, including improved water quality, flood control, wildlife and fisheries habitat, and recreational opportunities. The Clean Water Act (CWA) regulates impacts to wetlands and other aquatic resources.

In-Lieu Fee Mitigation: Review of Program Instruments and Implementation Across the Country
Author
Environmental Law Institute and Institute for Biodiversity Law and Policy, Stetson University College of Law
Date Released
July 2019
In-Lieu Fee Mitigation: Review of Program Instruments and Implementation Across

In-Lieu Fee (ILF) mitigation is one of the three primary mechanisms—along with mitigation banks and permittee responsible mitigation—that permittees can use to satisfy compensatory mitigation requirements. Through an ILF program, a permittee may satisfy their legal obligations under the 2008 Compensatory Mitigation Rule by purchasing credits from the program “sponsor”—a government or non-profit natural resources management entity—who then uses the funds to restore, enhance, or protect wetlands and streams.

Environmental Law Institute to Recognize “Wetland Heroes” at 30th Annual National Wetlands Awards
May 2019

(Washington, DC): The Environmental Law Institute (ELI) is pleased to announce the winners of the 30th Annual National Wetlands Awards: Dr. Robert Gearheart; Joel Gerwein; Richard Grant; Tom and Mary Beth Magenau; Greg Sutter; Dr. Robert A. Thomas; and Angela Waupochick. The recipients, all of which have demonstrated extraordinary commitment to the conservation and restoration of our nation’s wetlands, will be honored on May 7 in Washington, D.C.

Environmental Law Institute to Recognize “Wetland Heroes” at 29th Annual National Wetlands Awards
April 2018

(Washington, D.C.)—The Environmental Law Institute (ELI) is pleased to announce the winners of the 29th Annual National Wetlands Awards: The Gibbons Family; Roy R. “Robin” Lewis III; Maryann M. McGraw; Mark D. Sees; Latimore M. Smith; and Kerstin Wasson. The recipients, all of which have demonstrated extraordinary commitment to the conservation and restoration of our nation’s wetlands, will be honored on May 9 at the U.S. Botanic Gardens in Washington, D.C.

Natural Resource Damages, Mitigation Banking, and the Watershed Approach
Author
James McElfish, Cynthia Harris, Azi Akpan, Thien Chau, and Rebecca Kihslinger
Date Released
March 2018
Natural Resource Damages, Mitigation Banking, and the Watershed Approach

The Oil Pollution Act and CERCLA allow for the recovery of more than just cleanup costs following an oil spill or the release of hazardous substances. These laws also provide for recovery of damages to restore or replace natural resources to the conditions that would have existed prior to the spill or release, as well as to compensate for interim losses of ecological services.

In-Lieu Fee Mitigation Resources

ELI is a leader in research and capacity building in the area of in-lieu fee mitigation. This page contains resources from past ELI reports, webinars, and workshops on in-lieu fee mitigation. Check back for updates on upcoming webinars and reports. Click here to return to the Wetland's Program homepage.

 

Reports:

Improving In-Lieu Fee Program Implementation Guides

Developing Wetland Restoration Priorities for Climate Risk Reduction and Resilience in the MARCO Region
Author
James McElfish, Rebecca Kihslinger and Jessye Waxman
Date Released
December 2016
Developing Wetland Restoration Priorities for Climate Risk Reduction and Resilie

Working with New York, New Jersey, Delaware, Maryland, and Virginia — the five members of the Mid-Atlantic Regional Council on the Ocean (MARCO) — the Environmental Law Institute prepared a detailed assessment of methods to identify, conserve, and restore wetlands for protection of communities and ecosystems in the face of rapid climate change. ELI in collaboration with an expert panel designed an approach that can accommodate continuous improvement by resource managers, legislators, and policy makers. The approach relies on:

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