A Shift Towards Landscape-Scale Approaches in Compensation - Suitable Mechanisms and Open Questions

ABSTRACT

Landscape-scale mitigation approaches reflect a shift from a project-by-project approach to more strategic planning by applying the mitigation hierarchy – avoidance, minimization, compensation – for impacts on natural resources on a larger scale. This paper discusses requirements for the implementation of landscape-scale mitigation approaches in general. It continues with a criteria-based analysis of compensation mechanism under the Endangered Species Act – conservation banks, in-lieu fees, and permittee-responsible mitigation – to determine which mechanism best meets these requirements. Findings show that, in theory, conservation banks are best-suited to implement landscape-scale compensation. However, evidence for claimed benefits of third-party mitigation and large-scale mitigation approaches is lacking. The article concludes by identifying a number of open questions in the field.