State Constraints: State-Imposed Limitations on the Authority of Agencies to Regulate Waters Beyond the Scope of the Federal Clean Water Act
Date Released
May 2013
State Constraints: State-Imposed Limitations on the Authority of Agencies to Reg

ELI has released a 50-state study identifying laws that can limit the ability of state agencies to protect wetlands, streams, and other water resources more broadly than federal law. The study finds that over two-thirds of all U.S. states have versions of these “stringency” and property rights laws.

In-Lieu Fee Mitigation: Model Instrument Language and Resources
Author
Jessica B. Wilkinson
Date Released
December 2009
In-Lieu Fee Mitigation: Model Instrument Language and Resources

This report offers model language that could be incorporated into in-lieu fee program instruments being developed by state agencies and non-profit organizations. It was designed to comply with the 2008 Compensatory Mitigation Rule. It was developed using the best available information and uses examples from the approved and draft in-lieu fee instruments that were available as of December 2009. Funding for this project was made possible thanks to a grant provided by the U.S. Environmental Protection Agency.

Wetland Avoidance and Minimization in Action: Perspectives from Experience
Author
Sandra S. Nichols and James M. McElfish
Date Released
January 2009
Wetland Avoidance and Minimization in Action: Perspectives from Experience

The first two steps in the CWA section 404 sequencing process have received far less attention at a national level. This study looks at how the avoidance and minimization requirements are applied by permitting officials in state and federal regulatory and resource agencies, where they find weaknesses, and how the process could be improved.

2005 Status Report on Compensatory Mitigation in the United States
Author
Jessica Wilkinson and Jared Thompson
Date Released
April 2006
2005 Status Report on Compensatory Mitigation in the United States

ELI’s groundbreaking mitigation research continues with the completion of the 2005 Status Report on Compensatory Mitigation in the United States. The report, an update of the seminal 2001 Banks and Fees Study, is designed to determine the extent and nature of wetland mitigation banking and in-lieu fee mitigation activities in the nation.

Wetlands, Wildlife Habitat, and Flood Hazards in the Cedar River Basin, Iowa
Author
Rebecca L. Kihslinger, David Salvesen, and Eric Thomas
Date Released
February 2013
Wetlands, Wildlife Habitat, and Flood Hazards in the Cedar River Basin, Iowa

The Wetlands, Wildlife Habitat, and Flood Hazards in the Cedar River Basin, Iowa workshop report is the final report of the 2012 Wetlands Wildlife Habitat, and Flood Hazards in the Cedar River Basin Workshop designed to find ways to protect wetlands and wildlife habitat and promote resilience to flooding.

State Wetland Program Evaluation: Phase IV
Author
Environmental Law Institute
Date Released
October 2007
State Wetland Program Evaluation: Phase IV

This report is the fourth and final phase in ELI's multi-year study on the "core" components of state wetland programs (which include: state laws, regulations, and programs; monitoring and assessment; restoration programs and activities; water quality standards; public-private partnerships; coordination among state and federal agencies; and education and outreach activities). Each phase of the study examines a cross-section of states representing various approaches to wetland protection and regulation, as well as geographic diversity.

State Wetland Program Evaluation: Phase III
Author
Environmental Law Institute
Date Released
March 2007

ELI is currently conducting a multi-phased study designed to describe and analyze seven "core" components of state wetland programs: state laws, regulations, and programs; monitoring and assessment; restoration programs and activities; water quality standards; public-private partnerships; coordination among state and federal agencies; and education and outreach activities.  Each phase of the study examines a cross-section of states representing various approaches to wetland protection and regulation, as well as geographic diversity.