James M. Auslander
- Indexed articles, last 90 days
- 3
- Latest publication
- Sep 10, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 15, 2026
Latest articles
Wake Me Up When September Ends: More WOTUS Changes Coming (opens the original)
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Following a deluge of roughly 220,000 public comments on their November 2025 proposal, EPA and the Corps are back at it again—this time, offering two new options for their still-pending proposed WOTUS rule. As a reminder, the WOTUS definition sets the regulatory standards for determining which aquatic features are subject to federal jurisdiction under the Clean Water Act. The agencies’ proposal, published September 9, 2026, asks commenters to consider the potential utility of a new defined term,
FWS Resurrects ESA Rules on Threatened Species Protections and Critical Habitat Exclusions (opens the original)
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On July 21, 2026, the U.S. Fish and Wildlife Service (FWS) published two final rules revising its Endangered Species Act (ESA) regulations governing protections for threatened species and exclusions from critical habitat designations. The first eliminates FWS’s “blanket rule” for species newly listed or reclassified as threatened after August 20, 2026. The second creates an FWS-specific framework for deciding whether to exclude particular areas from critical habitat. Both rules take effect on Au
FWS and NMFS Finalize Rescission of ESA “Harm” Definition (opens the original)
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Today, the U.S. Departments of the Interior and Commerce announced that the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together, the Services) published a final rule rescinding the agencies’ longstanding regulatory definitions of “harm” under the Endangered Species Act (ESA). The rule finalizes their April 2025 proposal and is scheduled to take effect on September 14, 2026. Once effective, the rule will remove the definitions of “harm” from 50 C.F.R. §§ 17
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