Template for Mitigation Banking Instruments in California to be Revised
Template for Mitigation Banking Instruments in California to be Revised

On December 3, 2020, the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, and other agencies (collectively, “Agencies”) announced an update to the standard Bank Enabling Instrument (“BEI”) template for use in connection with the development of mitigation banks that will be located in or propose service areas within the State of California.

BEI templates are used in connection with the approval of mitigation banks the purpose of which is to provide mitigation for projects that have received authorizations from one or more Agencies, including but not limited to authorizations pursuant to section 404 of the federal Clean Water Act.

As described in the Agencies’ notice, the primary purpose of updating the BEI template was to allow for the sale of mitigation credits to a project proponent prior to the project proponent receiving a permit or authorization from one or more Agencies requiring such mitigation.

Comments on the proposed changes must be submitted to the U.S. Army Corps of Engineers by January 4, 2021.

  • Rebecca Hays Barho
    Partner

    Rebecca Barho focuses her practice on natural resource law, with particular emphasis on the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the Migratory Bird Treaty Act (MBTA), the Clean Water Act ...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

Stay Connected

RSS RSS Feed

Categories

Archives

View All Nossaman Blogs
Jump to Page

We use cookies on this website to improve functionality, enhance performance, analyze website traffic and to enable social media features. To learn more, please see our Privacy Policy and our Terms & Conditions for additional detail.