National Preservation Law Conference 2023

Tuesday, October 10, 2023
8:30 AM—5:30 PM ET

Registration for live streaming is now closed.

D.C. Bar Association
901 4th Street, NW
Washington, DC 20001

Or Online!

Join your colleagues online or in Washington, D.C. for a highly focused look into preservation law, highlighting the most recent and influential developments. This in-depth session will provide you with the knowledge and skills to effectively advocate and champion key preservation issues.

Historic preservation law is constantly changing in response to broader societal issues, including housing affordability and social justice. Join the Advisory Council on Historic Preservation, the National Trust for Historic Preservation, and a roster of experts to learn about cutting edge issues in historic preservation law. Our distinguished faculty will share the most up-to-date information from different perspectives and will engage the audience in conceiving of new directions for the future of historic preservation law. Participants will learn about the following topics:

  • Changes in jurisdiction and consideration of historic places as a result of the Supreme Court’s Sackett decision on the “waters of the United States”
  • Continuing challenges to the designation of National Monuments through the Antiquities Act, including the Bears Ears National Monument
  • Changes in federal regulations affecting historic places, including NEPA regulations
  • Recent developments in the protection of places of religious significance to Native Americans and in urban areas
  • The intersection of housing affordability and historic preservation
  • Application of the Historic Tax Credit program in Qualified Opportunity Zones
  • Blight designation that is still leading to the loss of historic places

The program will honor the career of Paul W. Edmondson, former Chief Legal Officer and then President and CEO of the National Trust for Historic Preservation.

The National Preservation Law Conference 2023 allows you to enhance your leadership skills to more effectively produce results within your community. Continuing Legal Education (CLE) credits and American Institute of Certified Planners (AICP) credits will be available.

Co-Sponsored by the National Trust for Historic Preservation and the Advisory Council on Historic Preservation (ACHP).

For questions about registration, please contact forum@savingplaces.org.


Agenda

Tuesday, October 10, 2023

8:30 AM – 9:00 AM

Registration and Refreshments

9:00 AM – 9:10 AM

Welcome and Introduction—Jay Clemens, Interim President and CEO; and Tom Mayes, Chief Legal Officer and General Counsel, National Trust

9:10 AM – 9:30 AM

Keynote: What Could U.S. Preservation Law Become?

These opening remarks will characterize American preservation law as it stands now – and offer some ideas, drawn from the best thinking domestically and internationally, about how American preservation law might evolve to better meet the pressing needs of our time, including climate change, affordable housing, tribal sovereignty, and equitable growth.

Speakers: Hon. Sara C. Bronin, Advisory Council on Historic Preservation

9:30 AM – 11:10 AM

Regulatory Developments in Federal Preservation Law

This informative and wide-ranging session will provide a contextual overview and background on Section 106 of the National Historic Preservation Act of 1966 (NHPA); the Antiquities Act of 1906, including litigation involving Bears Ears National Monument; changes in environmental regulations under the National Environmental Policy Act (NEPA) of 1966; litigation challenging highway projects under Section 4(f) of the Department of Transportation Act; and life after the Supreme Court’s Sackett decision, the Army Corps’ Appendix C regulations and the National Park Service’s update of National Register Bulletin 38: “Guidelines for Evaluating and Documenting Traditional Cultural Properties.”

Speakers: Hon. Sara C. Bronin, Advisory Council on Historic Preservation (Moderator); Pete DeMarco, NRDC; Javier Marques, Advisory Council on Historic Preservation; Elizabeth Merritt, National Trust for Historic Preservation; and Michael J. West, Hogan Lovells

11:10 AM – 12:10 AM

Keynote: Presentation on Heirs’ Property

This keynote address will introduce the major legal issues that arise regarding intergenerational, family-owned real estate commonly referred to as heirs’ property. It will explore the systemic problem of land loss and how it affects economic stability and resiliency, heritage preservation, and the ability to build generational wealth.

Speakers: Mavis Gragg, HeirShares

12:10 PM – 1:00 PM

Lunch (Provided)

1:00 PM – 2:30 PM

The Preservation of Religious and Tribal Sacred Sites

Join our informative panel as they discuss the Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000, litigation to protect tribal sacred lands, and the current direction of the Supreme Court toward the preservation of sacred sites.

Speakers: Paul W. Edmondson, National Trust for Historic Preservation (fmr.) (Moderator); Jerold Kayden, Jerold S. Kayden, Harvard University Graduate School of Design; and Michael V. Nixon, Michael V. Nixon, J.D.

2:30 PM – 2:45 PM

Break

2:45 PM – 3:45 PM

Current Issues in State and Local Preservation Law

Among the topics our distinguished panel will discuss are state and local legislative trends, housing affordability, racially restrictive covenants, public-private development partnerships, tax credits, and opportunity zones.

Speakers: Carol Brown, University of Richmond School of Law; Christopher Cody, National Trust for Historic Preservation; Andrea C. Ferster, Andrea C. Ferster Law Offices; Merrill Hoopengardner, Former President of National Trust Community Investment Corporation; and Shaw Sprague, National Trust for Historic Preservation (Moderator)

3:45 PM – 4:15 PM

The Future of Preservation Law

We will close the day with a discussion of the future of preservation law. Over his 30-plus year career, during which he served much of his time as Chief Legal Counsel at the National Trust for Historic Preservation, Paul Edmondson was a strong advocate who sought to ensure the enforcement and effective interpretation of preservation laws across the country. During his tenure at the National Trust, he was involved in a wide array of the most important preservation law cases, including issues related to constitutional takings, first amendment and religious properties, and local preservation ordinances. Drawing from his experiences, he will reflect on how preservation law is likely to evolve and what legal tools and strategies are available to help shape its future into a broader, engaging, and inclusive movement.

Speakers: Paul Edmondson, National Trust for Historic Preservation (fmr.); Hon. Randall Shepard, Hon. Randall T. Shepard, Chief Justice of the Indiana Supreme Court (fmr.) (Introduction)

4:15 PM – 5:30 PM

Closing Reception

Plan Your Trip to DC

  • D.C. Bar Association (901 4th Street, NW, Washington, DC 20001) is within walking distance from the Union Station Metro Station on the Red Line and near several bus lines, as well as the DC Circulator.
  • Union Station is also the hub for Amtrak and Marc trains.
  • Capital Bikeshare is metro DC's bikeshare service. There are several stations within walking distance of the event space.
  • From DCA - Ronald Reagan Washington National Airport
    • Taxi: Approximately $20-$25.
    • Metro: Take the Blue Line Metro in the direction of Largo to Metro Center. Change to the Red Line in the direction of Glenmont. Take the Red Line to the Union Station Metro Station.
  • From IAD - Washington Dulles International Airport
    • Taxi: Approximately $50-$65
    • Metro: Take the Silver Line Metro in the direction of Largo to Metro Center. Change to the Red Line in the direction of Glenmont. Take the Red Line to the Union Station Metro Station.
  • From BWI - Baltimore-Washington International Thurgood Marshall Airport
    • Taxi: Approximately $75 – $100

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