Hot Topics in Land Use Law: Executive Order Impact on Historic Sites, Sacred Places and Cultural Landscapes

Under EO 14156, the Advisory Council on Historic Preservation (ACHP) has directed federal agencies to utilize the emergency provisions of Section 106 of the National Historic Preservation Act to bypass Section 106 review, which normally requires federal agencies to consider the effects on such historic properties of projects they carry out, assist, fund, permit, license, or approve throughout the country. Ms. Werkheiser will discuss how the gutting of Section 106 leaves open the possibility that an agency can fast-track any project it claims is related to energy production, regardless of actual necessity and without public input, meaningful consultation with Tribes, or any obligation to avoid or mitigate damage to historic properties.

Ms. Werkheiser is an award-winning lawyer and chief executive of the law and policy firm Cultural Heritage Partners, PLLC. Her firm is focused on advancing the principle of cultural heritage as a human right. The firm’s victories have strengthened international and federal preservation law, secured the protection of important sites, objects, and traditions, affirmed the sovereignty of Tribes and First Nations, and helped communities whose culture has been systematically devalued be heard in the courts, legislatures, and before international tribunals. Marion’s well-established practice is rooted at the intersection of development and preservation, and she negotiates in Section 106 consultations on behalf of tribes, local governments, descendant communities, and other consulting parties to achieve creative, win-win outcomes that appropriately balance preservation values and development needs. Marion earned her J.D. from Harvard Law School and is licensed to practice law in California, Virginia, and the District of Columbia.

The content of this program does not meet requirements for continuing legal education (CLE) accreditation. You will not receive CLE credit for this program.