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Vol.
2, No. 7: July 17, 2007

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The Ecosystem Marketplace's Mitigation Mail
Conservation and Wetland News You Can Bank On
Federal Activity: Ambiguity and Clarity
The big news this month of course, is the release of the new wetland guidance. The buzz so far is that lobbyist and the Bush Administration have watered down protections, leaving the continued confusion over what waters are federally protected. It seems congressional action may be the best way to clarify the scope of the Clean Water Act.
Also in Federal news, the Supreme Court sided with developers and the Bush administration in a dispute with environmentalists over protecting endangered species. Justice Alito ruled that the endangered species law takes a back seat to the clean water law when it comes to the EPA handing authority to a state to issue water pollution permits.
In other exciting news, the Sustainable Land Funds purchased three square-miles in West Virginia. SLF plans to blend mitigation banking, sustainable forestry, and limited residential development on the property near the Monongahela National Forest.
And finally, don’t miss this month’s editorial by Stetson Law professor Royal Gardner. Roy makes the case for in-lieu fees, albeit with a few changes. Read the editorial »
—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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After Lobbying, Wetlands Rules Are Narrowed (7/6/07)
"After a concerted lobbying effort by property developers, mine owners and farm groups, the Bush administration scaled back proposed guidelines for enforcing a key Supreme Court ruling governing protected wetlands and streams."
Read the story
Read the story
EPA wetland guidance website
Draft plan on oak fees to be released (7/5/07)
"El Dorado County Board of Supervisors has ordered release of a draft plan for allowing property owners to pay a fee to offset the loss of oak woodlands due to development.
Staff members and members of a coalition representing real estate, development and agricultural interests [have] nearly reached accord on a map identifying priority areas where funds could be used to purchase conservation easements from willing sellers."
Read the story
Restored wetlands would filter air; Groups seeks permits to convert Illinois farmland (7/1/07)
"The untested theory, endorsed by a coterie of environmental groups and supporters, holds that restoring wetlands in the Midwest would be a cost-effective way to filter harmful nitrogen and phosphorous that damage ecosystems all the way down the Mississippi River into the Gulf of Mexico. If it works as intended, the system also will expand habitats for animals and waterfowl by returning farmland to its wilder roots, benefiting nature lovers and hunters. The organizers, led by the Chicago-based Wetlands Initiative, call it nutrient farming."
Read the article
Rahall wants to investigate Cheney's role in ESA decisions (6/29/07)
"House Natural Resources Committee Chairman Nick Rahall (D-W.Va.) yesterday called Vice President Dick Cheney's role related to Endangered Species Act decisions ‘alarming’ and said he intends to look into the matter."
Read the story
Sustainable Land Fund buys tract near the Monongahela National Forest (6/28/07)
"The Sustainable Land Fund has acquired a three-square-mile tract of forestland adjacent to the Monongahela National Forest’s proposed Roaring Plains Wilderness Area. ...SLF will follow a land use plan incorporating preservation of ecologically sensitive areas and restoration of endangered species habitat, while maintaining sustainable timbering practices and allowing limited residential development."
Read the story
Court sides with builders, administration in dispute over endangered species (6/25/07)
"The Supreme Court sided with developers and the Bush administration Monday in a dispute with environmentalists over protecting endangered species. The court ruled 5-4 for home builders and the Environmental Protection Agency in a case that involved the intersection of two environmental laws, the Clean Water Act and the Endangered Species Act."
Read the story
Alabama Department of Transportation biologists preserve land, animals (6/22/07)
"It's hard to think of the state's road-building agency as an environmental group.
But the Alabama Department of Transportation has an environmental branch and owns 10 wetland mitigation sites across the state totaling 5,430 acres."
Read the story
Wildlife Habitat Protected in First Test of Ecological Investment Markets (6/21/07)
"Farmers in Jamestown, R.I., are being paid by local residents to delay haying their fields until after birds have completed nesting in a unique test to establish investment markets for ecological services."
Read the story
International Paper Forms Office of Sustainability To Champion Company's Conservation, Natural Resources Sustainability Strategies (6/21/07)
"International Paper has announced the creation of an Office of Sustainability to champion company-wide conservation and natural resources stewardship strategies and to support environmental goals. Dr. Sharon G. Haines will lead the office. Dr. Haines championed projects such as the creation of a habitat conservation plan and mitigation bank for the endangered red cockaded woodpecker on company forestland in Georgia."
Read the story
Agencies hear frustration voiced over wetlands rules
(6/19/07)
"Residents concerned about the impact wetland regulations have on their property and businesses shared their frustrations with state and federal representatives. ... 'The system was broken in the city of International Falls,' said Dale Krystosek, a wetlands specialist."
Read the story
Read the story
Wetland mitigation comes with a price (6/19/07)
"We've come to realize this was not entirely good for rivers or humanity, but undoing dikes and restoring wetlands is fraught with potential for conflict. David Nygaard's proposal to create a 268-acre wetland mitigation bank on diked lands along Youngs River is an interesting example."
Read the story
National Mitigation Banking Association Launches Website Redesign and New Features (6/15/07)
The National Mitigation Banking Association has revamped their website with a new look and layout, making the website more useful and easier to navigate. A new members only area consists of association documents, a blog, and industry related information.
Visit the new website
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by Royal Gardner
Royal Gardner, Professor of Law and Director of the Institute for Biodiversity Law and Policy at Stetson University College of Law, tells the Ecosystem Marketplace why he thinks it may be time to re-focus the debate over in-lieu fees.
by Ivo Mulder
A new IUCN report highlights why the financial sector should care about biodiversity loss for economic reasons, not just environmental ones. The Ecosystem Marketplace hears from the report's author.
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