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Filtering posts by attorney: Douglas Kahle
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The Conservation Fund Defaults & The U.S. Army Corps of Egineers Takes Action

January 25, 2018

In an unprecedented move among nationally recognized tax-exempt organization, The Conservation Fund (“TCF”) has defaulted on its obligation to provide compensatory mitigation for the destruction of wetlands in Alaska. In this blog post WRG attorney...

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Mitigation Bank Sponsors Beware

January 17, 2018

The U. S. Army Corps of Engineers (the “Corps”) is proposing to require sponsors of newly established mitigation banks to sign documents that will likely discourage anyone from assuming the substantial financial obligations involved with the...

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President Trump’s Roll-Back of the Clean Water Act

March 07, 2017

On February 28, 2017, President Trump signed an executive order subtitled; “Restoring the rule of law, federalism, and economic growth by reviewing the ‘Waters of the United States’ rule”. With the stroke of his pen, and with Scott Pruitt sitting...

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Mitigation Banks’ Uncertain Future

April 26, 2016

Developments across the country in recent years put into question the financial viability of establishing mitigation banks that provide compensatory mitigation for unavoidable impacts to waters of the United States that are permitted under Section...

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Wetland Mitigation Banking Agreements Are Binding Contracts Against The Corps

April 07, 2014

For the first time since Congress passed the Clean Water Act in 1972 a federal court has ruled that a wetland mitigation banking instrument (“MBI”) is a contract enforceable against the U.S. Army Corps of Engineers. The decision came from the...

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