I was just reading an article in the NYTimes that discusses the possibility that wetlands mitigation banking may become a business as developers may be able to just destroy naturally occurring wetlands and create artificial wetlands on other property. This notion is disturbing....

Does anyone have any thoughts on other legal tools to use to keep that in check? NEPA or state environmental protection statutes? I know there is a public notice and comment review provision in the new rule, but that doesn't seem like it could be the only course of action. I am not against unavoidable impacts, but this new rule seems to open the floodgates for developers to destroy necessary wetlands....does anyone know how close the created wetlands would have to be to the destroyed wetlands? what are the assurances that this new rule is going to help with flood control?