'Waters' Rule Seen Creating Prospects, Challenges For Wetlands Mitigation

EPA's final Clean Water Act (CWA) jurisdiction rule could boost creation of mitigation banks used to offset damage to wetlands and streams from permitted activities while posing challenges for how to manage compensatory mitigation under the water law, sources say, because the rule is likely to drive more CWA permitting in regions that have previously seen scant mitigation. In particular, the rule could increase interest in stream mitigation banks and other options because it would formally extend CWA jurisdiction to...