Statement of Qualifications

Established in 1992, the Law Offices of Andrea Ferster is a public interest law office that focuses on land use, historic preservation, transportation advocacy, and nonprofit tax and corporate matters.

Andrea Ferster is a recognized expert on federal and local historic preservation law, nonprofit tax, and transportation policy. She represents organizations and governmental agencies nationwide in litigation over enforcement of historic preservation laws and on transportation matters. Andrea's current clients include the National Trust for Historic Preservation, the National Organization for Rare Disorders, and the Rails-to-Trails Conservancy, where she also serves as general counsel. Andrea has helped dozens of organizations obtain federal tax exemption from the Internal Revenue Service. She is a member of the District of Columbia Bar, and the bars of the U.S. Supreme Court, the U.S. Courts of Appeal for the First, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, and Federal Circuits, the U.S. Court of Federal Claims and the U.S. District Court for the District of Columbia.

The office's range of services include:

• Environmental litigation and advocacy - litigation and advocacy before courts and federal agencies on highway and transit projects.
• Historic preservation - litigation and advocacy before courts and federal agencies to enforce the National Historic Preservation Act.
• Land use - advocacy before local land use planning agencies on zoning, historic preservation, and environmental impact issues.
• Tax exempt organizations - assist nonprofits, including "Main Street" organizations, successfully apply for federal tax exemption; provide general counsel advice on a wide range of nonprofit tax, corporate, fundraising, and personnel matters.
• Trail Planning - advise local and state governments on legal issues affecting trails and greenways, including liability issues; represent trail managers in Surface Transportation Board proceedings relating to rail-trail conversions.
• Constitutional "takings" jurisprudence - assist governments defend against Fifth Amendment "takings" challenges to environmental and land use regulation.

Publications

Ferster & Merritt, "Fighting Freeways and Saving Historic Roads," Forum Journal, Summer, 2000, Vol. 14, No. 4.

Ferster & Brabec, "Planning for Trails and Greenways after Dolan v. City of Tigard," ProBike News (Aug. 1994).

Ferster, "Securing Tax Exemption for 'Main Street' Organizations: Choosing the Right Classification," Preservation Law Reporter, Vol. 13, No. 3 (March, 1994).

Ferster, "Congress Acts to Curb Excess Benefits by Nonprofit Insiders," Preservation Law Reporter, Vol. 15, No. 9 (September, 1996).