Incidental Take of Migratory Birds: Dept of Interior Reverses Course

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

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 […]

Highway Expansion Impact on Stormwater and Air Quality Not Fully Considered, Lawsuit Claims

Due to the increasing complexities of environmental programs, getting a permit, completing a study, or meeting a regulatory standard is not always quick or easy. Even once all the boxes have been checked, the permit has been issued, and approval has been granted, the challenges might just be getting started. Federal and state environmental programs […]

FCC Seeks Input: NEPA Regulations

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. […]

Little Information Found on NEPA Cost/Benefit

The Government Accountability Office (GAO) recently performed a study on the number of National Environmental Policy Act (NEPA) analyses performed each year and the costs and benefits of performing such analyses.  GAO found that very little information is available on the cost of these analyses, and even the amount of NEPA analyses performed is not […]