Neoliberal Confluences: The Turbulent Evolution of Stream Mitigation Banking in the US

Market-based approaches to environmental management are increasingly common. In 1983 when Joeres and David published their pioneering collection, Buying a Better Environment, the concept was seen as at best novel, and at worst far-fetched. Yet today, conservation and water quality credits are for sale in many developed countries, and the idea of payment for ecosystem services is ubiquitous in environmental policy circles. This paper traces that shift from command-and-control to market-based environmental management through analysis of the evolving practice of stream mitigation banking (SMB) in the US. In the most common form of SMB today, a for-profit company buys land with a damaged stream on it and restores it to produce mitigation credits which can then be purchased by developers to fulfill their permit conditions under the Clean Water Act. Though decidedly noncommercial in origin, SMB was converted into for-profit tradable regulatory mechanism in 2000 and has since spread rapidly across the US with the strong support of the US Environmental Protection Agency. Using Bourdieu’s field concept as a framework, I argue that the neoliberal transformation of mitigation banking is a product of both relations within the regulatory field, of that field’s relations with the fields of science, and of power.