Russell S. Frye

Environmental, chemical, and food safety counseling, advocacy, and litigation; permitting and compliance; enforcement; climate change —efficient, effective

[Russell S. Frye @fryelaw]

DOJ Environment & Natural Resources Div. re-named Energy & Natural Resources Div., Asst Atty Genl Adam Gustafson announced in Wall St Journal OpEd Sunday, touting DOJ efforts supporting US energy dominance, a natl security issue @AdGustafson https://t.co/5QQZE8DsGm @WSJopinion

[Russell S. Frye @fryelaw]

Sen. Barrasso, in WaPo opinion piece today, focuses on NEPA litigation (over 100 cases a year) as standing in the way of meeting energy needs: "Too many prefer legal molasses to affordable oil and gas." https://t.co/kmaFKOEhxN

[Russell S. Frye @fryelaw]

Not surprisingly, like so much else it seems China is feeding the world falsehoods about its progressing in controlling its own emission numbers, the Washington Post reports: https://t.co/iHApJ9BMPA

[Russell S. Frye @fryelaw]

S. Ct. today vacated & remanded to D.C. Circuit a decision concerning Biden-era gas furnace & commercial water heater efficiency stds., in light of current admin. new interpretation of law & statement that DOE may do a new rulemaking -- a situation that is not uncommon these days

[Russell S. Frye @fryelaw]

Striking aspect of Dominion Energy merger with NextEra announced this week: They said there are 130 gigawatts of new electricity demand in the pipeline in the 4 states they serve - much of it for data centers - about the same amount needed to power half the residences in the US

[Russell S. Frye @fryelaw]

Climate tort actions saw 2 losses this wk: MD Sup. Ct. rejected climate cases against fossil-fuel companies; and Utah enacted law giving immunity for claims of climate-related harm, similar to bills now pending in several other state legislatures

[Russell S. Frye @fryelaw]

U.S. Supreme Court agreed today to hear another NEPA case, concerning whether the Air Force needed to prepare an Environmental Impact Statement for impact of ordnance disposal by open detonation on a beach in Guam, as decided last year by Ninth Circuit Ct. of Appeals

[Russell S. Frye @fryelaw]

Yesterday EPA extended deadline for greenhouse gas emission reporting for 2025 reporting year from next month to 10/30/26. But EPA also is likely to drop GHG reporting requirements entirely for 46 source categories before that new reporting deadline.

[Russell S. Frye @fryelaw]

Interesting take on recent EPA proposed changes to Clean Water Act sec. 401 certifications as diminishing the exercise of tribal sovreignity: https://t.co/3ninDxp5yB via @The Circle News

[Russell S. Frye @fryelaw]

Today S. Ct. announced it will hear case that may resolve long-simmering question whether state & local govts. can sue energy companies for alleged damages caused by GHG emissions from using fossil fuels. Outcome could be affected by EPA repeal of endangerment finding & GHG regs.

[Russell S. Frye @fryelaw]

Environmental Integrity Project's report on EPA enforcement in 2025 shows large drop-off, even from 1st year of Trump45. Especially striking: Only 2 civil enforcement actions filed in fed. dist. cts. for CAA violations and only 5 for CWA. https://t.co/vXdniGZ4lv

[Russell S. Frye @fryelaw]

Are worries about microplastics in your brain keeping you up at night? New article describes how the public narrative is getting ahead of the analytical data: https://t.co/0WZxehAthA

[Russell S. Frye @fryelaw]

@Bren_Wilkins @DOJEnvironment @TheJusticeDept Actually, @Bren_Wilkins, most gasoline- and diesel-powered cars are required to undego biannual emissions testing to be registered in the five counties of Virginia that are part of the DC metro area.

[Russell S. Frye @fryelaw]

DC Circuit today denied rehearing en banc for SSM Litigation Group v. EPA, 150 F.4th 593, confirming EPA lacked justification for eliminating affirmative defense for emergencies in Clean Air Act Title V operating permits

[Russell S. Frye @fryelaw]

Oct. 1 proposed revisions to MACT standards for Secondary Lead Smelting asks for comments on several aspects that would depart from previous EPA "technology review" rules, including allowing affirmative defense for malfunctions and no standards for de minimis pollutants

[Russell S. Frye @fryelaw]

D.C. Circuit 3-0 decision on Sept. 5 struck down EPA 7/21/23 rule that ordered ~80% of states to remove affirmative defense for excess emissions caused by "emergencies" from their CAA Title V permit programs, which had been allowed since 2003. Opinion: https://t.co/FmFaWZ6MC2

[Russell S. Frye @fryelaw]

Yesterday, U.S. District Court for D.C. dismissed suit challenging EPA cancellation of $2.8 billion in Biden-era environmental & climate justice grants; Southern Environmental Law Center should have sued in Federal Court of Claims

[Russell S. Frye @fryelaw]

In Fox News interview last night EPA Admin. Zeldin attributed move to rescind CAA "endangerment finding" for GHG emissions from motor vehicles to 2024 SCt Loper Bright opinion getting rid of Chevron deference and requiring best reading of statute. Essentially, "the Court made us"

[Russell S. Frye @fryelaw]

The Senate has finally taken a vote to confirm Aaron Szabo as Assistant Administrator heading EPA's Office of Air and Radiation, where most of EPA's regulatory reform efforts are taking place now

[Russell S. Frye @fryelaw]

7/17 EPA Admin. Zeldin announced upcoming permitting reforms, in the context of AI dominance, that will affect permitting of new sources & modifications of all sorts: https://t.co/zKXmkGvzna. E.g., on 7/16 EPA withdrew restrictive 5/3/24 proposed project emissions accounting rule