Attorney Russell Scott Frye's Legal Cases

Environmental and natural resources

Louisiana-Pacific Corporation v. U.S. Environmental Protection Agency

Jun 13, 2008

OUTCOME: Remanded EPA NSPS applicability determination

Louisiana-Pacific successfully appealed an EPA determination that the company's oriented strandboard mill's bark burner/flake dryer system is subject to Clean Air Act New Source Performance Standards f ... or industrial boilers. EPA was directed to reconsider L-P's arguments--which had been presented to the agency by FryeLaw PLLC the previous year--about why the mill's energy system met the definition of an exempt process heater.

Agriculture

Creekstone Farms Premium Beef v. U.S. Department of Agriculture

Mar 29, 2007

OUTCOME: Court held USDA unlawfully preventing BSE testing

Creekstone, a premium beef producer, sued USDA, challenging USDA's efforts to prevent Creekstone from voluntarily testing Creekstone's cattle for bovine spongiform encephalopathy (BSE or Mad Cow diseas ... e). District Court held that USDA lacked authority under federal law to prohibit Creekstone from testing. USDA appealed, and a panel of the D.C. Circuit reversed (over strong dissent by the Chief Judge.

Environmental and natural resources

United States v. Stone Container Corp., 196 F.3d 1066 (9th Cir. 1999)

Jun 01, 1999

OUTCOME: 9th Cir. affirmed D. Mont. decision for Stone

Case of first impression whether an environmental advocacy group that supported U.S. Environmental Protection Agency and Department of Justice in a Clean Air Act enforcement case could recover attorney ... 's fees for its role, pursuant to Clean Air Act section 304. Court held that only a group that initiated a citizen enforcement action could recover fees, not a group that intervened in a government enforcement action. Western Environmental Law Center represented the intervenor citizen groups who were seeking attorneys fees and appealed the District of Montana's denial of those fees to the U.S. Court of Appeals for the Ninth Circuit.

Environmental and natural resources

Commonwealth of Massachusetts v. Environmental Protection Agency, 127 S. Ct. 1438 (2007)

N/A

OUTCOME:

Historic Supreme Court decision that EPA has authority under the Clean Air Act to regulate emissions of "greenhouse gases" from motor vehicles for purposes of mitigating climate change.

Environmental and natural resources

American Forest and Paper Assâ€™n v. EPA., 137 F.3d 291 (5th Cir. 1998)

N/A

OUTCOME: Remanded to EPA

EPA cannot impose conditions on delegation of Clean Water Act discharge permitting program to state of Louisiana designed to extend Endangered Species Act protections to state-issued permits, where Cle ... an Water Act does not give EPA discretion to add conditions to the statutory criteria for delegation.

Russell Scott Frye's Legal Cases (5)

Louisiana-Pacific Corporation v. U.S. Environmental Protection Agency

Creekstone Farms Premium Beef v. U.S. Department of Agriculture

United States v. Stone Container Corp., 196 F.3d 1066 (9th Cir. 1999)

Commonwealth of Massachusetts v. Environmental Protection Agency, 127 S. Ct. 1438 (2007)

American Forest and Paper Assâ€™n v. EPA., 137 F.3d 291 (5th Cir. 1998)