Leaders of the mitigation banking industry believe the recent ruling on the Supreme Court case involving compensatory mitigation-Koontz v. St. Johns River Water Management- will not have a negative impact on mitigation banking. Also, Forest Trends’ BBOP (Business and Biodiversity Offsets Program) are hosting new webinars this month.
This article was originally published in the Mitigation Mail newsletter. Click here to read the original.
12 July 2013 | Greetings! Last month, the U.S. Supreme Court returned a decision in Koontz v. St. Johns River Water Management District. This is a case that the mitigation banking community’s been keeping an eye on, as it brought into question exactly what kind of mitigation requirements the government can make of private landowners. The Court ultimately offered some clarity there (answer: it’s not acceptable to require or establish compensation on conservation land held by the regulating agency approving the permit). But the ruling did emphasize principles of proportionality and the nexus in determining appropriate compensatory mitigation, and it looks like the burden of proof may fall on mitigators.
That’s a challenge that the industry welcomes, according to a opinion piece on the case up at SpeciesBanking.com. To find out why and get a plain-English explanation of the decision,
This month, Forest Trends’ Business and Biodiversity Offsets Programme (BBOP) is hosting two webinars for its Community of Practice:
- July 18th: Exploring limits to biodiversity offsets. John Pilgrim of The Biodiversity Consultancy will present the paper for which he was lead author: “A process for assessing the offsetability of biodiversity impacts”. The paper outlines a general process for evaluating the relative offsetability of different impacts on biodiversity. In addition, Jeff Manuel of SANBI will present South Africa’s approach to the limits of biodiversity offsets.”
- 25 July: Species metrics in Bio-Banking New South Wales Australia. Tom Grosskopf and John Seidel of the Metropolitan Branch, Regional Operations, Office of Environment and Heritage, Department of Environment and Conservation, New South Wales, Australia will present NSW’s approach to integrating species metrics into offset calculations.
BBOP also just launched a new No Net Loss discussion group at LinkedIn.
Finally, if you enjoy your monthly MitMail, consider making a small donation. As a not-for-profit organization, it’s our mission to provide top-notch, freely available information on environmental markets and conservation finance, and we rely on our supporters to be able to do so. Just $150 gets you a place of honor on our sidebar, and helps us keep the lights on.
—The Ecosystem Marketplace Team
If you have comments or would like to submit news stories, write to us at firstname.lastname@example.org.