The Status and Character of In-Lieu Fee Mitigation in the United States
Author
Environmental Law Institute
Date Released
June 2006
The Status and Character of In-Lieu Fee Mitigation in the United States

The Status and Character of In-Lieu Fee Mitigation in the United States provides a comprehensive profile of the nation's active aquatic resource in-lieu fee mitigation programs. The report is the first to examine, in-depth, the status and administration of in-lieu fee mitigation in the nation, including detailed discussion of federal in-lieu fee policy and extensive analysis of how in-lieu programs implement such policies. The study was made possible by a generous grant from the U.S. Environmental Protection Agency.

Third Stakeholder Forum on Federal Wetlands Mitigation
Date Released
November 2003
Third Stakeholder Forum on Federal Wetlands Mitigation

In July 2003, the Third Stakeholder Forum on Federal Mitigation was held in Portland, Oregon. The meeting was designed to provide a forum for a broad range of stakeholders to comment on and discuss the National Mitigation Action Plan (MAP) process, products in development, and anticipated work in order to inform efforts to improve federal compensatory mitigation. This report is intended as a representative record of the issues discussed at the mitigation forum. It can serve as a resource for those interested in improving compensatory mitigation under §404 of the Clean Water Act.

Wetlands and 401 Certification: Opportunities and Guidelines for States and Eligible Indian Tribes
Author
Environmental Law Institute
Date Released
January 1989

This handbook examines the Section 401 State water quality certification process and how it applies to wetlands. The EPA's Office of Wetlands Protection recommends this report as a reference tool in establishing a wetlands protection program or improving wetland protection mechanisms.

Wetlands Loss Due to Agricultural Conversion: A Survey of Recent Data
Author
Environmental Law Institute
Date Released
December 1990

This report surveys currently available sources of data on the conversion of wetlands to agriculture in the United States. Part One presents the best available sources of data on wetlands losses due to agricultural conversion. Part Two describes the data available regarding the potential for agricultural conversion of the remaining wetlands in the United States. Parts Three and Four examine several types of data that might indicated indirectly either the extent of recent conversions or the likelihood of future conversions.

ELI's Compensatory Mitigation Research

The Environmental Law Institute conducts detailed research to evaluate compensatory mitigation required to offset adverse impacts to wetlands. ELI studies a wide variety of compensatory mitigation programs, with a particular focus on compensatory mitigation carried out under Section 404 of the Clean Water Act. Within the Section 404 Program, ELI has analyzed all three available mechanisms, including mitigation banking, in-lieu fee mitigation, and permittee-responsible mitigation.