Highview Engineering, Inc. v. United States Army Corps of Engineers

MEMORANDUM OPINION

CHARLES R. SIMPSON, III, Judge.

This action involves a procedure known as “mitigation banking,” an environmental preservation activity supposedly designed to protect the nation’s wetlands. In accordance with the Clean Water Act, 33 U.S.C. § 1251 et seq., the United States Army Corps of Engineers (the “Corps”) requires that persons or business whose activities will adversely impact wetlands in one place compensate for the damage by establishing a new wetland elsewhere that will replace any lost biological functions. “Mitigation banking” is one way a person or entity can…