Filling the Gaps: Strategies for States/Tribes for Protection of Non-WOTUS Waters
Author
Rebecca Kihslinger, Jim McElfish, Heather Luedke, Georgia Ray
Date Released
May 2023
The cover of a research report, titled "Filling the Gaps: Strategies for States/Tribes for Protection of Non-WOTUS Waters"

Changes in the interpretation of Waters of the United States (WOTUS) resulting from judicial decisions or federal rulemaking place a substantial burden upon state and tribal regulators and legislators. States, in particular, must determine whether, and how, to keep up with shifting federal coverage by adopting and implementing protections for waters that are not protected by federal law.

New Report Offers Best Practices to Improve Third-Party Compensatory Mitigation Review Process
August 2020

(Washington, D.C.): Healthy wetlands benefit our environment and economy in a number of ways, from providing habitat to wildlife and fisheries, to improving water quality, to offering opportunities for recreation. The Clean Water Act (CWA) requires certain impacts to be compensated, and each year, thousands of acres of wetlands and streams are restored, enhanced, and protected to satisfy the Act’s compensatory mitigation requirements.

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.

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