Issue a compensatory mitigation rule imposing no new requirements

Research notes

• Negative search (2026-08-27): the only Federal Register document in the window that mentions compensatory mitigation is the waters of the United States proposal of 2025-11-20, and it does so in passing rather than updating the mitigation rule.
• The 2008 compensatory mitigation rule is jointly EPA’s and the Army Corps of Engineers’. No joint rulemaking to update it appears in the window.
• EPA’s full regulatory agenda, read 2026-09-01. The full EPA Unified Agenda was read on reginfo.gov (214 entries across the active, long-term and completed stages), because the Federal Register prints only the entries that need a Regulatory Flexibility analysis and the 2026-08-27 negative search was taken from that abbreviated version. No entry anywhere in the 214 mentions compensatory mitigation. (The 2008 mitigation rule is jointly administered with the Army Corps, whose agenda sits under DoD.) The negative now reaches EPA’s agenda as well as the Federal Register.