Mitigation Banking Could Transform the Endangered Species Act

 The Clean Water Act (CWA) --despite its ambiguities-- has the important provision of acre-for-acre wetland mitigation. In other words, the CWA ensures No Net Loss of protected wetlands.

The Endangered Species Act (ESA) --despite controversies over Critical Habitat-- has no automatic provision of no net loss of protected species habitats. Instead, it relies on bespoke mitigations on a project-by-project basis. Most projects are approved with incompletely mitigated impacts to species and their habitats. The result is continual loss of habitat.

Current proposed changes to habitat mitigation could help make ESA more like CWA, moving the ESA toward No Net Loss of habitat. The result would be improved regulatory certainty for projects, mitigation banking opportunities for conservation investors, and better outcomes for listed species.

Environmental Policy Innovation Center's Becca Madsen has more excellent & detailed analysis.