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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
- EPA and Army Corps Again Propose to Redefine Waters Regulated Under the Clean Water Act - (Posted On Friday, December 14, 2018)
- Unanimous Supreme Court Vacates Fifth Circuit Affirmance of ESA Critical Habitat Listing - (Posted On Tuesday, December 04, 2018)
- Interior Department Reorganizes into 12 “Unified Regions” – To What Effect On The Ground? - (Posted On Friday, August 31, 2018)
- Major Changes to Endangered Species Act Regulations Proposed - (Posted On Thursday, July 26, 2018)
- NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act - (Posted On Sunday, June 24, 2018)
- Major Offshore Wind Projects Advance in Massachusetts and Rhode Island - (Posted On Thursday, May 24, 2018)
- Replacement of the Clean Water Rule to Be a Two-Step Process - (Posted On Wednesday, June 28, 2017)
- Department of Justice Eliminates Option of Third Party Payments in Settlements - (Posted On Friday, June 09, 2017)
- Executive Order Charts New Path For Offshore Energy Development - (Posted On Tuesday, May 02, 2017)
- EPA Initiates Reviews of Three Clean Air Act Regulations, Following President Trump’s “Promoting Energy Independence and Economic Growth” Executive Order - (Posted On Sunday, April 09, 2017)
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.