Species Mitigation Policies Are Totally Back!
The full policy text is not out yet, but the announcement notes the following major changes:
No net loss is the goal. Net conservation gain was a main concern voiced in the comments of the proposed 2016 policies
Nexus and proportionality is a new thing. The policies will “reinforce that appropriate mitigation measures must have a clear connection with the anticipated effects of the action [i.e., nexus] and be commensurate with the scale and nature of those effects [i.e., proportionality].” The preamble cites several court cases being the catalyst for this new focus.
Finally, the announcement emphasizes that it’s policy, not a Rule. “The Mitigation Policy and ESA Compensatory Mitigation Policy are non-binding, do not establish legally binding rules, and are internal Service policies intended only to improve the internal management of the Service.”
We will follow up soon after the official publication.