On November 12, 2024, the D.C. Circuit Court of Appeals (DC Circuit) ruled on Marin...
Compensatory Mitigation
ESA’s natural resources management team supports our clients in developing, implementing, and securing compensatory mitigation that offsets impacts to natural resources by leveraging our specific expertise in ecological and engineering factors and regulatory processes, for which ESA is well-known.
Projects can result in impacts to natural resources that require compensatory mitigation to meet regulatory and agency permitting requirements. Depending on the type of impacts, compensatory mitigation can be fulfilled through mitigation or conservation bank credits, In-Lieu Fee (ILF) programs, Habitat Conservation Plan (HCP) fees, advanced Permittee-Responsible Mitigation (PRM) solutions, turnkey solutions, or—in areas of California with an approved Regional Conservation Investment Strategy (RCIS)—Mitigation Credit Agreement (MCA) credits.
ESA has the project experience and technical expertise not only to gain approval for compensatory mitigation solutions on behalf of our clients, but also to lead development and implementation of the mitigation solution. Our team has extensive knowledge of the current and upcoming availability of bank credits, ILF programs, HCPs, and RCIS options, so we can adeptly guide our clients on the best options for them. ESA also has qualified in-house staff to lead the development, entitlement, and implementation of new mitigation or conservation banks, PRMs, and turnkey solutions.
Assembling a solution tailored to a client or project requires knowledge of the mitigation market, real estate opportunities and processes, ecological principles and habitat restoration, agency preferences and regulatory requirements, design and implementation nuances, financial planning and outcomes, suitable conservation easement holders, and long-term management needs. ESA experts stand ready to assist our clients with both small- and large-scale mitigation solutions that satisfy agency requirements.
Additionally, ESA’s data management team are experts in assisting our land management clients with developing data management strategies and tracking status and performance of asset and project portfolios through open-source and custom platforms. These platforms can streamline the tracking of credit legers and mitigation commitments, allowing for the thoughtful deployment of limited resources.
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