The restriction wasn't so much around the fact that there was a prohibition on a temporary harm. The restriction was really around liability and what was allowed from a regulatory point of view.
The way this law gets applied both pre- and post-2012 is that there's a prohibition, and then there's a policy that interprets that and there's a program that rolls out. I think in both cases, as was just demonstrated, there's discretion used in how the law is applied, including a prohibition on temporary harms. I don't think it would prohibit something such as habitat banking. It's really the liability issue and the transfer of liability that's the problem.