President Issues Mitigation Memorandum

President Issues Mitigation Memorandum

On November 3, President Obama issued a Presidential Memorandum on "Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment." The memorandum outlines policies for the Departments of Defense, the Interior and Agriculture; the Environmental Protection Agency; and the National Oceanic and Atmospheric Administration to avoid and minimize impacts to natural resources caused by land-or water-disturbing activities. Any impacts anticipated that cannot be avoided or minimized must consider compensatory mitigation options for the development. Specifically, the memo calls for a no net loss of important, scarce or sensitive natural resources from federal actions or permitting, with a "net benefit" goal at minimum. Large-scale planning at the landscape and/or watershed level should be used to identify where development may be most appropriate and what mitigation options should be employed within the broad region. The memorandum requires agencies and departments to finalize additional guidance on mitigation policies that is applicable to their specific jurisdiction within the next year.

According to the memorandum: "As efforts across the country have demonstrated, it is possible to achieve strong environmental outcomes while encouraging development and providing services to the American people. This occurs through policies that direct the planning necessary to address harmful impacts on natural resources by avoiding and minimizing impacts, then compensating for impacts that do occur. Moreover, when opportunities to offset foreseeable harmful impacts to natural resources are available in advance, agencies and project proponents have more options to achieve positive environmental outcomes and potentially reduce permitting timelines? By encouraging agencies to share and adopt a common set of their best practices to mitigate for harmful impacts to natural resources, the Federal Government can create a regulatory environment that allows us to build the economy while protecting healthy ecosystems that benefit this and future generations. Similarly, in non-regulatory circumstances, private investment can play an expanded role in achieving public natural resource restoration goals."

November 15, 2015