New White House Guidance and Multi-Agency MOU Continue Push to Expedite Environmental Reviews and Permitting for Major Infrastructure
Efforts are being taken to streamline NEPA, ESA Section 7, and other environmental reviews and permitting decisions. In April 2018, several federal agencies completed a Memorandum of Understanding to implement the One Federal Decision policy. A multitude of energy projects, as well as transportation, utility, and other projects, may benefit from more efficient environmental reviews under the MOU. This white paper reviews how the MOU applies to major infrastructure projects, and discusses the ever-present risk of litigation.
James M. Auslander
Beveridge & Diamond, P.C.
James M. Auslander is a principal in the Washington, DC office of Beveridge & Diamond, PC. Jamie 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.
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. Jamie also represents municipalities and local businesses in challenging parochial bans on biosolids and solid waste. Jamie is well-versed in various issues arising under the Administrative Procedure Act, Clean Water Act, Endangered Species Act, Clean Air Act, National Historic Preservation Act, Plant Protection Act, Surface Mining Control and Reclamation Act, as well as a range of international laws and treaties.
Beveridge & Diamond, P.C.
Alexander Horning is an associate in the Washington, D.C. office of Beveridge & Diamond PC and maintains a general environmental, regulatory and litigation practice.
During law school, Alexander served on the William and Mary Law Review and the Virginia Coastal Policy Clinic. He also completed an internship with the Pennsylvania Department of Environmental Protection and an externship with Virginia Sea Grant.
While in college, Alexander was a National Oceanic and Atmospheric Administration Hollings Scholar and conducted research on the relationship between tidal creek health and property values.
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