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United States Environmental Protection Agency: Staff Publications

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Mitigation Under Section 404 Of The Clean Water Act: Where It Comes From, What It Means, Palmer Hough, Morgan Robertson Jan 2009

Mitigation Under Section 404 Of The Clean Water Act: Where It Comes From, What It Means, Palmer Hough, Morgan Robertson

United States Environmental Protection Agency: Staff Publications

The requirement to mitigate impacts to wetlands and streams is a frequently misunderstood policy with a long and complicated history. We narrate the history of mitigation since the inception of the Clean Water Act Section 404 permit program in 1972, through struggles between the US Environmental Protection Agency and the US Army Corps of Engineers, through the emerging importance of wetland conservation on the American political landscape, and through the rise of market-based approaches to environmental policy. Mitigation, as it is understood today, was not initially foreseen as a component of the Section 404 permitting program, but was adapted from …