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Vol. 1, No. 8: November 14, 2006
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The Ecosystem Marketplace's Mitigation Mail
Conservation and Wetland News You Can Bank On
You be the Judge
This month's Mitigation Mail has a couple legislative zingers. First, federal Judge Rudi Brewster ruled that the San Diego Multiple Species Conservation Plan fails to conserve seven imperiled vernal pool species. How will that impact conservation banking in the region? And then, federal Judge William Shubb rejected a USFWS decision to decrease critical habitat for 15 imperiled vernal pool species in California. Homebuilders have already announced their intent to appeal the decision.
In addition, we have mitigation banking news stories bubbling up from states like Washington, Mississippi, New Jersey, all the way to Tasmania.
Enjoy,
The Ecosystem Marketplace Team
If you have comments or would like to submit news stories, write to us at mitmail@ecosystemmarketplace.com.
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Homebuilders plan appeal of California vernal pool case
Lawyers for a homebuilders group announced plans today to appeal a district court judge's decision that upheld a federal designation of "critical habitat" for 15 California vernal pool species. Judge William Shubb, of the U.S. District Court for the Eastern District of California, rejected the homebuilders' argument that FWS included unnecessary land in the habitat designation and had not conducted adequate economic assessments. But lawyers said Shubb "did not fully address" one argument—that some of the designated habitat did not include all features required for habitat.
– More on the appeal
Court Invalidates U.S. Fish and Wildlife Service's Exclusion of Nearly 900,000 Acres of Vernal Pool Critical Habitat
Federal District Court Judge William B. Shubb issued a major ruling overturning the U.S. Fish and Wildlife Service's (FWS) decision to omit 900,000 acres in 11 counties from its 2005 final rule designating critical habitat for 15 imperiled vernal pool plants and animals. Judge Shubb also rejected industry's attempt to overturn the protections for more than 800,000 acres that FWS did protect as critical habitat.
– Read the story
In theory, no net loss sounds good
The debate continues over whether wetland mitigation banks actually curtail the national loss of wetlands. But what is becoming clearer, to some, is that creating new wetlands where none existed before is unlikely to succeed, and that restoring damaged wetlands to functionality is promising. Scientists' understanding of the effectiveness of creation, restoration, and protection practices is still in its infancy. Scientists are just getting into the point where they can begin to measure the long-term success of wetlands mitigation projects. The same may be said for policy makers understanding of the mitigation banking tool.
– Read the story
Banking on Wetlands: Mitigation opens up a new industry
Wetlands Solutions' interest in restoring the working wetlands in George County, Mississippi goes beyond the reach of social and environmental do-goodery. The company is propelled forward by the most powerful force America has to offer - the chance to turn a profit. And business is brisk.
– Read the story
Wetland mitigation banking can be lucrative. A 6 million dollar investment can yield 30 million in revenue – that's a good deal. But is the ecological ROI as rewarding? By some indications the answer is no. A new set of national wetland management standards released in the beginning of 2007 by the EPA hopes to ensure ecological performance. But it will still be up to the individual states to define what a healthy wetland looks like in their neck of the woods, and to make sure wetland bankers adhere to that definition.
– Read the story
Preservation with a profit
With six pilot wetland banks under way throughout Washington state, the Department of Ecology sees a chance to prioritize wetland protection and construction with it's new program where previous methods have failed. But officials stress that these banks are not the answer to mitigation in and of themselves. Banking doesn't allow developers to bypass the regulatory system. Dept. of Ecology hopes to open up the program to other prospective landowners early next year.
– Read the story
Judge assails San Diego's landmark habitat plan
In a precedent setting ruling, a federal judge found that a San Diego regional habitat conservation plan fails to protect endangered species dependent on a type of wetland that has nearly vanished from Southern California. District Court Judge Rudi Brewster released a 61-page opinion halting damage to vernal pool wetlands within the city of San Diego. The ruling criticizes the San Diego Multiple Species Conservation Plan (MSCP) for failing to conserve seven imperiled vernal pool species and sends the plan back to the U.S. Fish and Wildlife Service for the agency to try again.
– Read the story
– Read the story
Tasmanian marine scientist, Chris Wilcox, has recommended an innovative solution to a serious rabbit and rat infestation on Macquarie Island. Wilcox suggests the fishermen compensate for unintentionally caught seabirds (bycatch) by paying to eliminate rats and rabbits on Macquarie Island - insuring continued sea bird reproduction and survival. He said similar approaches have been tried in wetland conservation but have not been very successful. Wilcox's system of compensation is explained in a paper that is being peer-reviewed for journal publication.
– Read the story
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