33 C.F.R. §332.8 - Mitigation banks and in-lieu fee programs

Cite as33 C.F.R. §332.8
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10 cases
  • Coastal Conservation League v. U.S. Army Corps of Eng'rs, Civil Action No.: 4:16-cv-03008-RBH
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • November 18, 2016
    ...in their complaint, Plaintiffs allege, "The Corps erred by failing to consider the objections of sister agencies and the public. See 33 C.F.R. § 332.8(b)(2), (4)." Compl. at ¶ 77. The EPA and the Corps have jointly developed regulations addressing compensatory mitigation for the loss of aqu......
  • Commonwealth v. U.S. Army Corps of Eng'rs, Case No. 3:12–CV–00682–TBR.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • August 23, 2013
    ...Second, the 2008 Mitigation Regulations specifically authorize in-lieu fee program service areas that encompass multiple HUCs. 33 C.F.R. § 332.8(d)(6)(ii)(A) (In rural areas, several contiguous 8–digit HUCs or a 6–digit HUC watershed may be an appropriate service area”). The Corps' approval......
  • Davis Wetlands Bank, LLC v. United States, 13-268 C
    • United States
    • Court of Federal Claims
    • October 31, 2014
    ...maturation of the restored agricultural fields into forested wetlands on the mitigation site breached the Final Agreement and violated 33 C.F.R. § 332.8(o)(3). Compl. ¶¶ 50-53. For this breach, the Bank seeks damages of $1,395,000. Compl. ¶ 53. On July 24, 2013, the Government filed a Motio......
  • Kiewit Infrastructure W. Co. v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • August 26, 2020
    ...on wetlands through an in-lieu fee program, which allows for the purchase of compensatory wetland mitigation credits. See 33 C.F.R. §§ 332.1, 332.8 ; see also id . § 320.4(b)(2)(i) (stating that "[w]etlands ... serve significant natural biological functions, including food chain production,......
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5 provisions
  • HB 49 – Creates FY 2018-2019 operating budget
    • United States
    • Ohio Session Laws
    • January 1, 2017
    ...certification may be accomplished by any of the following:(1) Purchasing credits at a mitigation bank approved in accordance with 33 C.F.R. 332.8;(2) Participating in an in-lieu fee mitigation program approved in accordance with 33 C.F.R. 332.8;(3) Constructing individual mitigation project......
  • HB 64 – Main Operating Budget FY2016-FY2017
    • United States
    • Ohio Session Laws
    • January 1, 2015
    ...for impacts to wetlands and other aquatic resources and that is designated as such in accordance with the process established in 33 C.F.R. 332.8 and 40 C.F.R. 230.98.(I) "Off-site mitigation" means wetland restoration, creation, enhancement, or preservation occurring farther than one mile f......
  • SB 2 – Revise environmental protection laws
    • United States
    • Ohio Session Laws
    • January 1, 2017
    ...certification may be accomplished by any of the following:(1) Purchasing credits at a mitigation bank approved in accordance with 33 C.F.R. 332.8;(2) Participating in an in-lieu fee mitigation program approved in accordance with 33 C.F.R. 332.8;(3) Constructing individual mitigation project......
  • File 115, SB 294 – TO REVISE THE LAWS GOVERNING ENVIRONMENTAL PROTECTION
    • United States
    • Ohio Session Laws
    • January 1, 2012
    ...with the process established in the "Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (1995)," 60 FR 58605 33 C.F.R. 332.8 and 40 C.F.R. 230.98.(I) "Off-site mitigation" means wetland restoration, creation, enhancement, or preservation occurring farther than one......
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