Josiah Frey


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 […]


Proposed 2017 Kentucky Water Quality Certification Limitation

Josiah Frey

Nationwide Permits are issued by the U.S. Army Corps of Engineers and are a type of general permit for impacts to streams and wetlands that result in minimal impacts. Every 5 years these permits are up for renewal and subject to revisions. Nationwide Permits have been revised this year. In addition to a federal revision, […]


Rusty Patched Bumble Bee Listed As Endangered

Josiah Frey

On January 11th, the U.S. Fish and Wildlife Service (USFWS) listed the Rusty Patched Bumble Bee as endangered under the Endangered Species Act (ESA). According the USFWS1, the Rusty Patched Bumble Bee has experienced an 87% decline since the late 1990’s, which led to the listing. The USFWS has identified disease, pesticides, climate change, habitat […]


Kentucky Arrow Darter Listed as Threatened

Josiah Frey

On October 5th, the U.S. Fish and Wildlife Service (USFWS) listed the Kentucky Arrow Darter, a small colorful fish found in high-gradient streams in Eastern Kentucky, as threatened under the Endangered Species Act (ESA). In addition to listing the Kentucky Arrow Darter as threatened, the USFWS identified critical habitat for the species in Breathitt, Clay, […]