Kinney & Ellinghausen has acquired a reputation as the nation’s leading historic preservation law firm. For more than 20 years, the firm has been successfully representing public agencies and developers, ensuring compliance with the National Historic Preservation Act (NHPA) of 1966.

As a result of these efforts, New Orleans has enjoyed the benefits of the Audubon Aquarium and Insectarium, Woldenberg Park, St. Thomas housing redevelopment and the LSU-VA hospital complex, which is currently under construction.

NHPA was designed to protect historic sites and structures, and the sweeping legislation created the National Register of Historic Places, National Historic Landmarks and State Historic Preservation Offices. Section 106 of the NHPA specifically requires federal agencies to evaluate the impact of all federally funded or permitted projects on historic properties. The process, known as Section 106 Review, assesses whether a project would damage properties either listed on or eligible to be listed on the National Register of Historic Places.

If adverse effects are identified in the assessment, the effects must be resolved by finding ways to avoid or minimize the damage. Interested parties are allowed to comment on both the assessment of adverse effects and the proposed resolution.

The National Environmental Policy Act (NEPA) of 1969 further strengthened preservation efforts by requiring federal agencies to prepare Environmental Impact Statements, which cover a larger area of property.

Kinney, Ellinghausen, Richard & DeShazo is known for its expertise in historic preservation law. Our attorneys regularly advise clients on landmark and historic preservation requirements as well as the Section 106 Review process. We have represented government entities on many occasions to ensure compliance with NHPA and NEPA, and the firm has also been successful defending suits brought pursuant to those statutes.