Perkins Coie Update on Presidential Memorandum on Natural Resources Mitigation Policy

Perkins Coie Update
Update | Environment, Energy & Resources November 17, 2015

Presidential Memorandum on Natural Resources Mitigation Policy:  Avoid, Minimize and Compensate


President Obama recently issued a Memorandum ordering five federal agencies to issue strengthened policies for mitigation of impacts on natural resources.

  • The Memorandum emphasizes avoidance and minimization of impacts, and encourages a landscape or watershed scale approach to mitigation.
  • The Memorandum directs a “no-net loss” goal for land, water, wildlife and other natural resources managed by the agencies.  It also directs agencies to identify “irreplaceable natural resources,” where development should be avoided.
  • Private and public investment in advance compensation for adverse impacts, such as mitigation banks, is encouraged.
This update highlights details of the Memorandum and considers the impacts it may have on federal agency plans, policies, programs and projects.

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