July 3, 2020

Volume X, Number 185

James M. Auslander

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

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