Paul Stoddard, a principal at environmental consulting firm EnSafe, unlocks the gate to the West Tennessee Wetlands Mitigation Bank in Shelby County. EnSafe planted more than 50,000 trees to restore portions of this 250-acre wetland, creating credits for developers to purchase to offset destruction of wetlands elsewhere. Karen Pulfer Focht for Tennessee Lookout
Interests of all stripes push to preserve state wetlands protections against pro-developer pressure
This story is part of the series Down the Drain from the Mississippi River Basin Ag & Water Desk, an independent reporting collaborative based at the University of Missouri in partnership with Report for America, with major funding from the Walton Family Foundation.
LEWISBURG — Fourth-generation Middle Tennessee cattle farmer Cole Liggett lined up with scientists and environmental advocates in March to urge Tennessee lawmakers not to gut the state’s historically strong protections for wetlands.
Wetlands protection has been good business for Liggett. In addition to raising cattle, he’s a manager at Headwaters Reserve, a firm that developers pay to preserve and restore wetlands and streams so they can destroy them elsewhere, called mitigation banking. If lawmakers follow through on a plan to deregulate an estimated 80 percent of the state’s isolated wetlands, that will upend the industry in Tennessee and drive up prices for developers still required to pay for mitigation, Liggett testified.
Liggett works in a growing industry that operates more than 2,500 mitigation banks nationwide, earning an estimated $3.5 billion in revenue in 2019, according to a 2023 study funded by the Ecological Restoration Business Association.
The industry is built on demand spurred by the 1972 U.S. Clean Water Act, which requires developers to offset their damage to wetlands by building or restoring wetlands nearby.
But recent federal actions to shrink the scope of that law are pushing states to choose how strictly they will regulate wetlands. The consequences of those decisions not only threaten further degradation of land, water and wildlife, but also the fortunes of an industry that has made a big business out of conservation.