AGA Comments on the U.S. Fish and Wildlife Service Mitigation Policy

Policy May 09, 2016

On May 9, 2016, the American Gas Association commented on the U.S. Fish and Wildlife Service's proposed Mitigation Policy. AGA highlighted its concerns with the Service's proposal to apply its Mitigation Policy to actions under the Endangered Species Act. Such application unnecessary, a departure from the Service's prior position, and would result in inconsistences between the Endangered Species Act and the Mitigation Policy. AGA also encouraged the Service to exclude actions taken pursuant to Nationwide Permits from the mitigation requirements included in the proposed policy, because of the minimal and/or temporary impacts associated with these projects. AGA's comments suggested that the Service eliminate from the Mitigation Policy policies and goals that were undefined and ambiguous as these would result in uncertainty and delay in the permitting process, without adding any mitigation benefit.

A copy of AGA's comments can be accessed here:

AGA Comments on FWS Mitigation Policy68.8 KB