Wetland Banks Seek EPA, Corps WOTUS Guidance, Fearing Stranded Credits

A wetland mitigation banking group is asking EPA and the Army Corps of Engineers to provide guidance on the application of mitigation credits generated from non-jurisdictional waters in the wake of their recent rule that narrowed the definition of “waters of the United States” (WOTUS) to account for the Supreme Court’s Sackett decision, fearing some credits will now be stranded. The Ecological Restoration Business Association (ERBA) sent the agencies a September 2023 letter recommending that they “issue joint guidance...