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.
Articles in the National Law Review database by James M. Auslander
- Inflation Reduction Act Signed Into Law, Committing $370 Billion to Action on Climate and Energy (Posted On Tuesday, August 16, 2022)
- U.S. Senate Passes the Inflation Reduction Act, Committing $370 Billion to Action on Climate and Energy (Posted On Tuesday, August 9, 2022)
- Department of Justice Takes Historic Action to Prioritize Environmental Justice in Enforcement: What Does it All Mean and What is Ahead? (Posted On Thursday, May 12, 2022)
- BOEM Expands Offshore Wind Efforts to Oregon (Posted On Thursday, April 28, 2022)
- CEQ Reverses First Set of Trump-Era NEPA Regulatory Reforms (Posted On Thursday, April 21, 2022)
- Army Corps Signals Narrowing Nationwide Permit 12 (Posted On Thursday, April 7, 2022)
- FWS Proposes Uplisting Northern Long-Eared Bat to Endangered Status (Posted On Monday, March 28, 2022)
- U.S. Supreme Court Positioned to Finally Resolve Scope of Federal Jurisdiction Over Remote Wetlands (Posted On Tuesday, January 25, 2022)
- The Bipartisan Infrastructure Package: What it Means for Energy and Climate (Posted On Tuesday, November 16, 2021)
- Incidental Take of Migratory Birds Once Again a Federal Crime; FWS Considering New Permitting Program (Posted On Thursday, October 7, 2021)
- Arizona Court Vacates Navigable Waters Protection Rule: What it Means for Your Project (Posted On Tuesday, September 28, 2021)
- D.C. Circuit Rejects FERC’s Analysis of Greenhouse Gas Emissions and Environmental Justice Issues for Texas LNG Facilities (Posted On Friday, August 20, 2021)
- Ten Environmental Topics to Watch in the New Infrastructure Bill (Posted On Friday, August 13, 2021)
- Biden Administration Proposes a Reset on Defining “Waters of the U.S.” (Posted On Wednesday, August 4, 2021)
- New Fishing Limits Proposed for Pacific Commercial Chinook Salmon (Posted On Tuesday, June 22, 2021)
- Here We Go Again: Services to Re-Revise Endangered Species Act Regulations (Posted On Tuesday, June 15, 2021)
- Department of the Interior Seeks to Withdraw Migratory Bird Treaty Act Liability Rule (Posted On Monday, May 10, 2021)
- FERC Determines That It Should Consider Greenhouse Gas Emissions In Environmental Analyses of Natural Gas Pipelines (Posted On Friday, March 26, 2021)
- Migratory Bird Treaty Act Liability Rule Looks to Be Short-Lived (Posted On Tuesday, March 9, 2021)
- Ninth Circuit Affirms Partial Vacatur of NWP 48 for Commercial Shellfish Aquaculture (Posted On Monday, February 22, 2021)
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.