Heritage Preservation

What We Do

We help our clients get their voices heard and their resources valued during federal permitting reviews pursuant to Section 106 of the National Historic Preservation Act. We advocate for location and design changes to avoid and minimize impacts of development on historic and cultural resources. When agencies permit projects that unavoidably will adversely affect historic and cultural resources, we negotiate for meaningful mitigation for the communities who value those resources.

Our firm is particularly experienced in negotiating creative mitigation agreements that put tribes, local governments, and stewards of historic places in the driver’s seat to interpret their own history and direct funds to advance self-determination. We have secured tens of millions of dollars from developers in mitigation payments for our clients, in addition to meaningful non-monetary investments in archaeology and historic interpretation.

With years of experience working with federal agencies, state and tribal historic preservation officers, and national advocacy organizations, we have deep insight into the needs and goals of the various Section 106 stakeholders before consultation even begins–giving our clients an advantage from Day 1.

Each client, consultation, and historic resource is unique. We work with our clients to craft strategies that draw on our deep understanding of the regulatory process, our community organizing and political advocacy experience, our media and public relations savvy, and our expertise in historic preservation litigation to achieve meaningful successes for our clients.

Representative Engagements

• Represented the Preservation Society of Newport and the Southeast Lighthouse Foundation in appealing the Bureau of Ocean Energy Management’s approval of Revolution and South Fork wind farms. Track the latest news about our wind farm appeals here. 
• Negotiated community benefit agreements resolving the impacts of wind energy development for the first two offshore wind projects in the U.S., resulting in $18.5 million committed to heritage preservation efforts on Nantucket, MA and Block Island, RI.
• Negotiated multiple agreements between real estate developers, federal and state government agencies, and American Indian Tribes to resolve impacts on traditional cultural properties and archaeological sites.
• Represented the Monacan Indian Nation in their successful fight to save Rassawek, their historic capital and resting place of their ancestors, from unnecessary development.
• Lobbied the Virginia General Assembly to enact legislation affirming the state’s obligation to consult with federally-recognized Tribes before granting certain permits for projects that may impact the Tribes’ environmental, cultural, or historic resources.
• Secured the protection of New Market Heights battlefield, where U.S. Colored Troops helped save the Union.

How Can We Help You?

Please contact: Will Cook or Marion Werkheiser.