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Royal C. Gardner et al., Avoiding, Mitigating, and Compensating for Loss and Degradation of Wetlands in National Laws and Policies, (2012)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Mitigation Banking and Reputational Risk, 34 Nat'l Wetlands Newsletter 10– (2012)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Mitigation Banking and Takings, 34 Nat'l Wetlands Newsletter 7– (2012)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, The Ramsar Convention, in Wetlands - Integrating Multidisciplinary Concepts (Ben A. LePage ed., Springer, 2011)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Lawyers, Swamps, and Money: U.S. Wetland Law, Policy, and Politics (Island Press, 2011)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, Stacking Opportunities and Risks in Environmental Credit Markets, 41 Envtl. L. Reporter 10121 (2011)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, International Environmental Law, 44 Int'l Law. 503 (2010)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner and Theresa J. Pulley Radwan, Corporate Shell Games: LLPs, LLCs, and Responsibility for Mitigation Sites, 31 Nat'l Wetlands Newsletter 6 (2009)Clicking on the button will copy the full recommended citation.
Determining who is legally responsible for a wetland mitigation site is not always a straight-forward process. A wetland regulator provided us a portion of a mitigation bank application that referred to a corporation and its officers, an LLP and two LLCs. This article explains what LLPs and LLCs are, and why many mitigation bank operators opt for these business forms. We then walk through the mitigation bank document itself to try to unravel which entity actually would be responsible for the mitigation bank site. The article concludes with recommendations that wetland regulators should consider when evaluating mitigation proposals involving LLPs and LLCs, whether affiliated with a mitigation bank or not. While there is no particular reason to be worried about LLPs and LLCs as compared to traditional corporations, regulators should consider requiring notice for any changes in the ownership and management of these entities. Regulators should also ensure that financial assurances such as letters of credit and performance bonds expressly cover the entity (whether LLP, LLC, or another form) responsible for the mitigation site.
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Royal C. Gardner et al., African Wetlands of International Importance: Assessment of Benefits Associated with Designations Under the Ramsar Convention, 21 Georgetown International Envtl. L. Review 257 (2009)Clicking on the button will copy the full recommended citation.
A party to the Ramsar Convention on Wetlands must designate at least one site within its territory as a Wetland of International Importance. To assess the benefits associated with these international designations, the authors conducted a survey of 26 Ramsar sites in 18 countries in Africa. After a brief introduction to the Ramsar Convention, the article describes the sites that were surveyed, focusing on the ecosystem services they provide and the challenges they face. The article then examines how the sites are identified with the Ramsar Convention and found that designation provided benefits such as: increased support for protection and management of the sites; increased scientific studies; increased funding opportunities; increased ecotourism; and poverty alleviation. The article concludes with recommendations on how to strengthen the Ramsar Convention in Africa.
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Royal C. Gardner et al., Compensating for Wetland Losses under the Clean Water Act (Redux): Evaluating the Federal Compensatory Mitigation Regulation, 38 Stetson L. Rev. 213 (2009)Clicking on the button will copy the full recommended citation.
In April 2008, the U.S. Army Corps of Engineers and the Environmental Protection Agency published a new rule on compensatory mitigation for aquatic resource losses. The preamble noted that an important resource in the development of the new rule was the 2001 National Research Council (NRC) report that comprehensively evaluated the effectiveness of compensatory mitigation efforts and whether they were contributing to the “no net loss” of wetlands. This article, written by nine former members of the NRC Committee on Mitigating Wetland Losses, examines how the new regulation incorporates the primary recommendations set forth in the NRC report. We consider how well the new rule addresses recommendations concerning: the watershed approach; operational guidelines and performance standards; and the treatment of mitigation banks, in-lieu fee programs, and permittee-mitigation. The article concludes with several recommendations to help with achieving the goal of no net loss.