Josiah Frey


The Rubber Meets the Road: USFWS Guidance on Incidental Take of Migratory Birds

Josiah Frey

Last month the U.S. Fish and Wildlife Service (USFWS) issued guidance on how they plan to implement the new Department of the Interior (DOI) decision to not prohibit incidental take of migratory birds under the Migratory Bird Treaty Act (MBTA).  I previously wrote how this DOI policy signals a significant change in MBTA enforcement compared to previous […]


Approaching Season for Running Buffalo Clover Survey

Josiah Frey

Although slow to arrive in 2018, spring is officially here and with it comes a flurry of biologic activity throughout the Midwest and Southeast.  One of the plants I am watching for this spring is the endangered Running Buffalo Clover which typically blooms from mid-April to early June.  Listed by the U.S. Fish and Wildlife […]


Incidental Take of Migratory Birds: Dept of Interior Reverses Course

Josiah Frey

Recently the Department of the Interior reversed the policy of prohibiting incidental take of migratory birds under the Migratory Bird Treaty Act so that accidental or inadvertent actions resulting in the killing of protected bird species will not be criminally prosecuted.  This represents a policy shift from previous administrations where the potential for criminal prosecution and […]


FCC Seeks Input on Collocation Exemption for Existing Towers

Josiah Frey

On January 10, 2018, the  Federal Communications Commission (FCC) requested comments on a proposed regulation to exempt qualifying collocations on towers constructed between 2001 and 2005 (aka Twilight Towers), which were either not reviewed under Section 106 of the National Historic Preservation Act (NHPA) or do not have documentation of such a review.  This exemption […]


Comments Sought: Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy

Josiah Frey

The US Fish and Wildlife Services (USFWS) is requesting public comment on proposed changes to the existing Mitigation Policy and the Endangered Species Act Compensatory Mitigation Policy (ESA-CMP).  They are seeking input on whether to remove or retain language in existing mitigation policies that encourage a “net conservation gain” of natural resources. Public comments are being […]


USFWS Kentucky Office Mitigation Policy Change

Josiah Frey

The US Fish and Wildlife Services (USFWS) Kentucky Field Office recently began notifying project proponents that the Imperiled Bat Conservation Fund (IBCF) is no longer an option to mitigate tree clearing on projects with a federal permitting requirement.  The IBCF is a mitigation option available through the USFWS Kentucky Field Office’s Revised Conservation Strategy for […]


Waters of the US (WOTUS)- Here We Go Again

Josiah Frey

On July 27, 2017, the Federal EPA and U.S. Army Corps of Engineers published a proposed rule to re-adopt Waters of the US (WOTUS) regulations that pre-date the Obama-Administration’s 2015 Waters of the U.S. (WOTUS) rule. Since the 2015 WOTUS rule was stayed by the courts in the Fall of 2015, the older definition from […]


FCC Seeks Input: NEPA Regulations

Josiah Frey

On May 10, 2017, the FCC requested comments on the regulatory process for siting wireless infrastructure. This request by the FCC targets much of the lasting heartburn from the Nationwide Programmatic Agreement that has developed over the past decade. The FCC is requesting comments on state and local review timeframes and implementation of NEPA regulations. […]


EPA Seeks Input on Regulations for Repeal

Josiah Frey

On April 13, 2017 the EPA published a request in the Federal Register “seeking input on regulations that may be appropriate for repeal, replacement, or modification”. This request is EPA’s response to Executive Order 13777. This request for comment by the EPA is in keeping with a broad listening session the new Administration is doing […]


2017 ASCE Infrastructure Report Card – What It Means For Kentucky

Josiah Frey

The American Society of Civil Engineers (ASCE) recently gave American Infrastructure an overall grade of D+ after reviewing the state of American roads, bridges, shipping, and water infrastructure. The report also gives a breakdown of challenges for each state. One challenge highlighted in Kentucky is the need for a combined investment of $12.44 billion in […]