5th Circ. Affirms Corps' Win In Mitigation Credits Suit

By Juan Carlos Rodriguez (March 21, 2018, 7:26 PM EDT) -- The Fifth Circuit on Tuesday upheld the dismissal of an environmental restoration company's lawsuit alleging the U.S. Army Corps of Engineers illegally planned its own rehabilitation project instead of buying mitigation credits from the company.

Ecosystem Investment Partners, which bills itself as a private investment manager that does ecological restoration and conservation projects, collects government-issued mitigation credits and then sells those credits to other businesses that need to offset their environmental impacts. It sued the Corps and contractor Crosby Dredging after the agency built new wetlands to offset environmental damage from another one of its projects, but the Fifth Circuit said the...

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