Banking on Entrepreneurs: Wetlands, Mitigation Banking, and Takings
61 Pages Posted: 8 May 2008
Part I of this article provides a background on wetland mitigation requirements. It then examines the two prinicipal pressures on wetland regulatory programs: the failure of mitigation and the emergence of the private property rights movement. Part II analyzes the concept of wetland mitigation banking and considers the advantages of this type of system. The article further explains how wetland mitigation banking might alleviate concerns related to mitigation failure and takings. Part III explores specific provisions of current regulatory requirements for mitigation banks under federal and state programs. Part IV identifies reasons why the current programs do not encourage entrepeneurial banks and recommends ways to increase certainty, reduce excessive burdens, and eliminate unnecessary and unfair competition.
Keywords: wetlands, mitigation banking, wetlands mitigation banking, takings, private property rights movement
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