Leland P. Frost

Associate
Washington, D.C.
lfrost@crowell.com
Phone: +1 202.624.2920
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Leland Frost is an associate in Crowell & Moring’s Washington, D.C. office and is a member of the Energy, Environment & Natural Resources Group, where his practice focuses on litigation and appeals, enforcement, risk assessment, compliance, investigations, and regulatory counseling. His experience covers Waters of the United States (WOTUS), Toxic Substances Control Act (TSCA), Clean Air Act (CAA), and climate change litigation, as well as Superfund, Occupational Safety and Health Administration (OSHA), and Consumer Product Safety Commission (CPSC) compliance.

Before joining Crowell, Leland was associate general counsel for the National Association of Manufacturers (NAM), where he managed a robust litigation and amicus curiae portfolio including environmental, international, product liability, class actions, technology, constitutional rights, labor and employment, intellectual property, and securities issues. Leland’s NAM experience spanned all levels of the judiciary, including briefs in a dozen state courts, more than four dozen U.S. Supreme Court briefs, and work in international tribunals.

Leland earned his B.A., cum laude, from Furman University and his J.D. from Vanderbilt University Law School, where he served as editor in chief of the Vanderbilt Journal of Transnational Law and as an editor on the Environmental Law and Policy Annual Review. Leland provided research for the book Beyond Politics: The Private Governance Response to Climate Change by Vandenbergh and Gilligan. In his spare time, Leland enjoys advising startups and providing pro bono assistance.


Representative Matters

  • Challenge to agency due process and Presidential authority for withdrawal of tariff exclusion for bifacial solar panels.
  • Intervention in challenge to EPA’s authority under the CAA for the Affordable Clean Energy rule promulgation and 2015 Clean Power Plan repeal.
  • Challenge to Waters of the United States rule jurisdictional issue with a 9 to 0 U.S. Supreme Court win.
  • Intervention in the Toxic Substances Control Act “Inventory Reset” rule litigation.
  • Intervention in litigation over EPA’s streamlined Clean Air Act permit requirements for manufacturers under the New Source Review program.
  • Challenges to OSHA’s silica rule and OSHA’s standards regulating beryllium.
  • Challenge to Risk Management Programs rule under the Clean Air Act.
  • Intervention in challenge to EPA’s refusal to reconsider the Clean Power Plan rule.
  • Challenge to EPA’s New Source Performance Standards for greenhouse gases from electric utilities.

Affiliations

Admitted to practice: Alabama, District of Columbia, and New York; Supreme Court of the United States; U.S. Courts of Appeals for the Tenth, Eleventh, District of Columbia, and Federal Circuits; U.S. Court of International Trade; U.S. District Courts for the Middle District of Alabama and District of Columbia; and District of Columbia Court of Appeals.

Professional Activities and Memberships

  • Vice Chair, Environmental Litigation & Toxic Torts Committee, Section on Environment, Energy & Resources, American Bar Association (2020-2021).
  • Leadership Committee, International Energy Law and Transactions, Energy Bar Association (2017).
  • Leadership Committee, Environmental Regulation, Energy Bar Association (2016-2017).
  • Member, Environmental Law Institute.

Speeches & Presentations

  • "Effectiveness of the Revised National Environmental Policy Act (NEPA)," Department of the Interior, National Association of Manufacturers, and Continental Resources, Inc., Virtual Panel (September 14, 2020). Moderator: Leland P Frost.
  • "Legal Trends Impacting Manufacturing," Montana Chamber of Commerce Business & the Law Conference. Helena, MT (March 14, 2018). Presenter: Leland P. Frost.
  • "Regulatory Compliance and Risk Management," Boating Industry Risk Management Council, The International Boatbuilders’ Exhibition & Conference. Tampa Convention Center, Tampa, FL (September 20, 2017). Presenter: Leland P. Frost.
  • "Updates on Risk Management Program Rule Amendments and Stichting Greenpeace Case,” American Bar Association’s Section of Environment, Energy, and Resources. Crowell & Moring, Washington, DC (April 7, 2017). Presenter: Leland P. Frost.

Publications


Client Alerts & Newsletters


Firm News & Announcements

Dec.06.2019 Preliminary Injunction Granted Against U.S. Government in Solar Energy Tariff Case