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James (Jamie) M. Auslander's legal practice focuses on project development, natural resources, and administrative law and litigation.
Mr. Auslander co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group, including its Energy Practice. He focuses on complex legal issues surrounding the development of oil and gas, hard rock minerals, renewable energy, and other natural resources on public lands onshore and on the Outer Continental Shelf. He frequently litigates appeals before federal courts and administrative bodies regarding rulemakings, permits, and other issues. He represents major and small businesses, leading industry trade associations, and state and local agencies in a wide range of environmental matters, both national and local in scope. He serves clients in all phases of a case, including internal compliance, administrative proceedings and negotiations, and litigation when necessary.
Jamie devotes a significant part of his practice to counseling and litigation under the National Environmental Policy Act (NEPA) and similar state laws. He has represented public and private clients in building strong administrative records and robust NEPA analyses to support complex projects and proposals. For example, Jamie was integral in crafting and implementing a successful strategy to construct a major new highway in the Washington, DC area that presented NEPA and other environmental issues that many felt were impossible to resolve. He also advises a biotechnology company regarding the NEPA sufficiency of petitions to commercialize genetically modified crop seeds. Further, Jamie represents an industry association in a NEPA matter involving modes of recreation in national parks.
Another cornerstone of Jamie’s practice assists multinational corporations, domestic companies, and leading industry trade associations in protecting valuable lease rights and navigating the ever-changing environmental requirements to develop those leases. He frequently works with the Bureau of Ocean Energy Management (the former Minerals Management Service) and prosecutes appeals before the Interior Board of Land Appeals regarding royalty, suspension, decommissioning, regulatory departures, and other issues. Jamie has also drafted proposed mineral leasing reform legislation, analyzed the constitutionality of proposed new royalty obligations, submitted comments on proposed wind leasing regulations, and updated clients’ corporate reporting policies.
Jamie also represents municipalities and local businesses in challenging parochial bans on biosolids and solid waste. In one case, representing a coalition of biosolids generators, haulers, and farmers, he helped successfully preliminary enjoin enforcement of a local ban on recycling of biosolids as fertilizer to farmland. Jamie serves as Common Counsel to a large group of Potentially Responsible Parties (PRPs) at one of the biggest Superfund sites in the United States. He has also provided advice on the proper handling and disposal of products and waste containing PCBs and other contaminants.
More Legal and Business Bylines From James M. Auslander
- D.C. Circuit En Banc Review of FERC Tolling Orders Could Have Profound Implications for Infrastructure Projects Requiring FERC Approval - (Posted On Friday, January 17, 2020)
- New Regulations Reform Implementation of Endangered Species Act - (Posted On Tuesday, September 17, 2019)
- Virginia Regulators Considering Amendments to Rules for 150 Megawatt Solar Projects - (Posted On Thursday, July 11, 2019)
- U.S. Supreme Court Increases Protection For Confidential Business Information Shared With The Federal Government - (Posted On Tuesday, July 02, 2019)
- U.S. Forest Service Proposes to Revise NEPA Regulations - (Posted On Wednesday, June 26, 2019)
- New EPA Section 401 Guidance Clarifies Timelines for and Scope of Certification Reviews - (Posted On Friday, June 21, 2019)
- The Supreme Court Decides the United States Cannot Have Title to Running Waters - (Posted On Thursday, May 30, 2019)
- Executive Orders Aim to Streamline Energy Infrastructure Projects - (Posted On Thursday, April 25, 2019)
- FWS Takes a Mulligan on Greater Sage-Grouse Listing - (Posted On Tuesday, April 16, 2019)
- Maryland Legislators Propose Raising State’s Renewable Portfolio Standard to 50% - (Posted On Wednesday, March 27, 2019)
James M. Auslander co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group. Mr.Auslander focuses on the intricacies of regulatory and transactional issues related to the oil and gas and renewable energy industries. Mr. Auslander is a 2020 National Law Review Go-To Thought Leader for his articles on the National Environmental Policy Act (NEPA), the Federal Energy Regulatory Commission (FERC) and USDA regulations. Of note, Mr. Auslander’s adept analysis of complex NEPA regulations and guidance, provides essential insight to NLR readers.