Environmental

In the course of planning or carrying out real property development, or in securing approvals for federal permits, firm clients must often consider the effects their actions might have on archaeological and historic resources. This requirement is imposed by Section 106 of the National Historic Preservation Act as well as other federal, state and local laws. It is an element of nearly every NEPA document. Cultural resources must be addressed in virtually every linear infrastructure project. And beyond requirements imposed by law, it is sometimes cast as the duty of the good corporate citizen to be considerate of cultural resources during development.

On a local level, landowners often seek guidance about how historic preservation laws and ordinances may affect the intended use of their property and how best to navigate the maze of approvals required from preservation boards and agencies.

In other contexts, landowners or Native American Tribes may be interested in protecting or repatriating cultural resources found on their property or otherwise belonging to them.

In each of these situations, attorneys in the Environmental Law Group of Quarles & Brady are in position to provide informed, practical legal guidance. Our team includes former cultural resource management professionals, intimately familiar with the application of historic preservation laws, as well as many attorneys with vast experience in permitting activities that have a cultural resource component. While compliance with historic preservation laws may seem a minor element of many projects, it can lead to significant problems and delays if not handled correctly, a circumstance we can help to avoid. At the same time, tribes and others interested in promoting the cause of preservation will benefit from our knowledge of the legal landscape.

Representative Engagements / Experience: 

• Coordinating expert testimony and presenting arguments at line siting, proceeding to successfully influence the approved location of an electric transmission line to reduce impacts on an important archaeological site and to protect our client's private property interests.
  
  
• Providing substantive legal compliance review and advice concerning Environmental Impact Statements and other NEPA documents with substantial cultural resources concerns.
  
  
• Assisting a Native American housing authority with development-related compliance involving historic preservation and other environmental aspects.
  
  
• Representing a private landowner in a hearing before the community historic preservation board, to gain approval for initially controversial planned development within a designated historic district.
  
  
• Advising landowners on the potential effects of inclusion of property in a historic district, and providing guidance on permitting requirements for demolition and removal of non-contributing structures.

For more information on how our Environmental Group can help you address potential or actual environment-related legal and business concerns, please contact Arthur A. Vogel Jr. at (414) 277-5545 or , or your local Quarles & Brady attorney.