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National Historic Preservation Act

Civil war cannons at Antietam. Courtesy of NPS.

NRS | NEPA and Other Overarching Statutes

Chickamauga Battlefield. Courtesy of NPS.Under the National Historic Preservation Act (NHPA), 16 U.S.C. §470, a federal agency with jurisdiction over a federally approved undertaking must take into account the effects of the undertaking on properties included in, or eligible for inclusion in, the National Register of Historic Places (“NRHP”). 16 U.S.C. § 470f. Regulations issued by the Advisory Council on Historic Preservation interpret the steps an agency must take in order to comply with the statute. 36 C.F.R. Part 800. NRS attorneys defend lawsuits in which the plaintiffs claim that one or more federal agencies failed to properly evaluate a proposed project’s impacts to historic properties within the project area. Typical cases involve agency decisions that enable the repurposing, reconfiguration, or removal of structures with historic significance, such as historic post office buildings or decommissioned military installations. In addition, an increasing part of our docket consists of cases in which Native American tribes assert that renewable energy projects located on desert or coastal lands infringe on place-based cultural or religious practices by restricting their access or simply transforming the landscape. See, e.g., Public Employees for Environmental Responsbility v. Beaudreau, 2014 WL 985394 (D.D.C. 2014).


Updated May 12, 2015

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