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WETLAND MITIGATION REFERS to efforts to reduce the negative impacts of development on wetlands, and has been required by U.S. law under the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and other elements of environmental law. The CWA §404 permit program, established in 1972, is administered by the U.S. Army Corps of Engineers (Corps) and overseen by the U.S. Environmental Protection Agency (EPA); wetland mitigation is often required in order to obtain a §404 permit to fill or dredge in a wetland. However, in the 1970s mitigation was not consistently required, and Corps leadership did not agree that requiring mitigation was a necessary part of administering the §404 program.

The White House Council on Environmental Quality drafted NEPA regulations on November 29, 1978 ...

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