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Wetlands Protection: Corps of Engineers Does Not Have an Effective Oversight Approach to Ensure That Compensatory Mitigation Is Occurring
Anu K. Mittal (au)
Because wetlands provide valuable functions, the administration set a national goal of no net loss of wetlands in 1989. The Clean Water Act prohibits the discharge of dredged or fill material into waters, which include wetlands, without a permit from the U.S. Army Corps of Engineers (ACE). The ACE can require compensatory mitigation, such as restoring a former wetland, as a condition of a permit when the loss of wetlands is unavoidable. This report reviews the: (1) guidance the ACE has issued for overseeing compensatory mitigation; (2) extent to which the ACE oversees compensatory mitigation; & (3) enforcement actions the ACE can take if required mitigation is not performed & the extent to which it takes these actions. Illustrations.
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