Stewart Fried primarily devotes his practice to litigation and dispute resolution matters, with an emphasis on nutrition programs (SNAP and WIC), agricultural, environmental, employment, commercial and government contracts-related litigation. Stewart is experienced in all aspects of pre-trial, trial, and appellate matters before the District of Columbia, Florida, and the Federal Courts, including class action litigation. He also represents food stamp (SNAP) and WIC retailers in administrative and judicial review proceedings involving denials of authorization, trafficking, and other program violations before USDA’s Food & Nutrition Service (FNS) and state agencies. Stewart also provides regulatory advice to SNAP and WIC retailers of all sizes regarding compliance with FNS and state agency regulations, including creation of SNAP compliance and training program.
Stewart has represented a variety of agricultural interests, corporations and individuals in matters concerning alleged violations of Federal and state environmental and agricultural laws, nuisance, trespass, and other tort actions relating to odors from agricultural operations. Stewart has also handled a wide variety of other government contracts, commercial and employment litigation, as well as administrative proceedings before the U.S. Department of Agriculture and the U.S. Environmental Protection Agency.
Before joining OFW Law, Stewart practiced with an AmLaw 100 firm and an environmental boutique in the District of Columbia.
Stewart received his B.A. from Johns Hopkins University and his J.D. from the University of Miami. He was admitted to the Florida Bar in 1995 and the District of Columbia Bar in 1998. He is chair of the Agricultural Litigation Subcommittee of the American Bar Association’s Section of Litigation, serves on the Advisory Board of BNA’s Toxics Law Reporter, and is the Treasurer of the Florida State Society.
I. Bar and Selected Court Admissions
• Florida, 1995
• District of Columbia, 1998
• U.S. Supreme Court
• U.S. Courts of Appeals for the District of Columbia, Federal, First, Third, Sixth, Eighth and Eleventh Circuits
• U.S. District Courts for the District of Columbia and the Southern and Middle Districts of Florida
• U.S. Court of Federal Claims
• Johns Hopkins University, B.A. Economics
• University of Miami School of Law, Juris Doctor, Cum Laude
III. Professional Associations
• American Bar Association (Environmental Litigation Committee, Co-Chair, Agriculture Subcommittee), 2007-Present
• Advisory Board Member, BNA's Toxics Law Reporter, 2006 - Present
• Treasurer, Florida State Society, 2011 - Present
IV. Experience Highlights
• Favorable federal appellate decision against OSHA
Successfully represented agricultural association in action against federal agency which failed to comply with notice and comment requirements under the OSH Act. Agricultural Retailers Association v. Occupational Safety and Health Administration
• Federal decision concluding FNS acted arbitrarily and capriciously in denying Kentucky retailer's SNAP application
Successfully represented SNAP retailer in action based on denial of authorization for lack of business integrity based on unrelated misdemeanor conviction Kem Warren v. United States 2015 WL 5321765 (E.D. Ky. Sept 11, 2015)
• Environmental litigation case for pork producing companies
Represented leading Tennessee pork producer and related entities in class action brought by nearby residents in Kentucky federal court under nuisance, trespass and other theories. Class certification was denied and case settled shortly thereafter.
• Environmental litigation case for pork producing companies
Represented leading Tennessee pork producer in odor/nuisance action brought by nearby residents in Illinois state court.
• Multiple food stamp (SNAP) and WIC vendor appeals
Successfully represented multiple supermarkets and convenience stores in administrative appeals of FNS or state decisions in SNAP and WIC retailer cases based on trafficking, sales of ineligible items, and denial or withdrawal of authorization to participate in SNAP or WIC
• Environmental litigation case for pork producer
Represented leading livestock producer in public and private nuisance action brought by nearby residents in Illinois state court. Public nuisance claims were dismissed and jury trial on private nuisance claims resulted in a verdict in favor of the producer. Judgment in favor of producer was affirmed on appeal by Illinois appellate court.
• Environmental class action litigation for farmers and an agricultural association
Represented Kentucky bluegrass farmers and an agricultural association in class action litigation in Idaho state court. Successfully obtained a writ of mandamus reversing trial court preliminary injunction from the Idaho Supreme Court.
• EPCRA proceeding for pork producer
Represented large pork producer in context of notice of intent to sue under EPCRA based upon alleged failure to report ammonia and hydrogen sulfide emissions from hog barns. No suit was filed after the response to the plaintiffs’ notice of intent to sue was sent.
• Clean Water Act proceeding for pork producer
Represented large pork producer in context of notice of intent to sue under CWA based upon alleged discharges of manure into waters of the United States. No suit was filed after the response to the plaintiffs’ notice of intent to sue was sent.
• Insurance coverage defense for agricultural producers
Represents farmers in declaratory judgment actions brought by insurers in multiple federal courts relating to insurance coverage based upon routine farming practices.
• Government contracts actions for leading milling company
Represented large milling company in government contract dispute with USDA and USAID. Matter resolved pursuant to favorable settlement for contractor.
• Statutory claims litigation for landfill owner
Represented landfill owner in statutory claims against regional waste authority in Virginia circuit and appellate courts.
• Religious freedom litigation for New Jersey churches
Represented two New Jersey churches in actions against state Department of Environmental Protection related to violation of RLIUPA. Both actions resolved pursuant to structured settlements.
• Employment discrimination defense for an agricultural association
Represented Washington, D.C.-based agricultural association in administrative racial discrimination and hostile work environment action. District of Columbia administrative agency issued “no probable cause” determination and no action was ever commenced.
• Condominium litigation for purchaser
Represented condominium purchaser in action against real estate developer in Virginia circuit court. Obtained judgment for purchaser following bench trial.
• Employment litigation for governmental employees
Represented multiple employees in reduction in force and other employment actions against the District of Columbia government and various agencies before the Office of Employee Appeals and in Superior Court litigation.
• Government contracts litigation
Represented defense contractor in Court of Federal Claims challenge to award of State Department embassy and consulate security contract.
• Congress to the Rescue? An Update on the 6th Circuit Case, National Assn. of Wheat Growers Newsletter, October 2010.
• Impacts of National Cotton Council v. EPA: NPDES Permits Are Likely Needed Prior to Routine Application of Pesticides, ABA The Environmental Litigator, Summer 2009.
• Impacts of National Cotton v. EPA, Ag Professional, March 2009.
• Impacts of National Cotton v. EPA: Wheat Growers May Need NPDES Permits to Apply Pesticides, National Assn. of Wheat Growers Newsletter, February 2009.
• Protecting Attorney Work Product in Communications with Testifying and Consulting Experts, ABA Environmental Litigation Committee Newsletter, October 2006.