A New Era of Compensatory Mitigation for Impacts on Natural Resources

Sponsored by the Agricultural and Food Law Consortium


kerry mcgrath

With a 2015 Presidential Memorandum on Mitigating Impacts on Natural Resources from Development, the Obama Administration has ushered in a new era of compensatory mitigation.  The Presidential Memo requires federal agencies—including the Departments of Defense, the Interior, and Agriculture; the Environmental Protection Agency; and the National Oceanic and Atmospheric Administration; and all bureaus or agencies within them—to adopt mitigation policies that implement certain federal principles aimed at landscape-scale conservation and mitigation.  The principles to be implemented share some similarities with the mitigation framework used by the U.S. Army Corps of Engineers in Clean Water Act section 404 permitting to mitigate for impacts to wetlands and streams.

This presentation will address the new approach to mitigation for impacts to natural resources and the implications for agriculture.  It will also address different compensation sources and trends in mitigation/conservation banking.


This webinar was recorded on October 10, 2016.  To listen to a recording of the webinar, please click here.


Kerry L. McGrath
Hunton & Williams LLP

Kerry is an Associate with Hunton & Williams LLP. She has extensive experience with permitting and litigation under the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. She represents groups from a wide variety of industry sectors, including utilities, mining, oil and gas, renewables, agriculture, consumer products, housing and development, and related trade associations and industry coalitions. Kerry has significant experience with federal litigation, drafting comments on administrative rulemakings, and counseling clients on compliance with regulatory requirements.

Research & Materials:


Presidential Memorandum: Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment

Notice: Endangered and Threatened Wildlife and Plants; Endangered Species Act Compensatory Mitigation Policy