Environmental Litigation

We represent clients in all types of environmental litigation, ranging from Clean Air Act enforcement cases and Clean Water Act citizen suits to toxic tort litigation and everything in between. Seasoned litigators work alongside veteran environmental attorneys from the Environmental & Natural Resources Practice Group to offer unmatched experience and make the Firm a leader throughout the Southeast in environmental litigation.

From state trial courts to the United States Supreme Court, we have handled every kind of environmental litigation. We defend our clients in federal and state courts in environmental enforcement actions brought by federal, state, and local regulatory agencies and citizen groups under the major environmental statutes. We represent businesses and coalitions in litigation over agency rulemakings and other administrative actions. We litigate private disputes concerning environmental issues, including toxic tort and exposure cases, land use disputes, and environmental insurance coverage claims. Our attorneys have filed dozens of amicus curiae briefs on behalf of business and trade associations in federal and state courts and administrative tribunals.

Mike Freeman is the leader of the Firm’s Environmental Litigation Practice Group, and other members include: in Atlanta, Joshua Archer, Jim Hollis, and Chris Anulewicz; in Birmingham, Bruce Barze, Spence Taylor, Teresa Minor, Rob Fowler and Stephen Gidiere; in Gulfport, Teri Wyly and Jonathan Dyal; in Jackson, William Reeves and William Smith; and in Montgomery, Jim Byram.

Representative Cases

- Clean Air Act
  - Environmental Defense v. Duke Energy Corp., 127 S. Ct. 1423 (2007) - Represented electric utility industry as amici curiae in review of Clean Air Act enforcement action.
  - Leavitt v. TVA, 541 U.S. 1030 (2004) – Successfully opposed a petition for writ of certiorari filed by the United States Department of Justice in a Clean Air Act enforcement case.
  - TVA v. Whitman, 336 F.3d 1236 (11th Cir. 2003) – Represented major utility in EPA Clean Air Act enforcement action, obtaining order from the Eleventh Circuit dismissing enforcement case against TVA.
  - State of West Virginia v. U.S. Environmental Protection Agency, 362 F.3d 861 (D.C. Cir. 2004) - Represented utility in challenge to EPA rulemaking on NOx emissions.
  - United States v. Alabama Power Co., 372 F. Supp. 2d 1283 (N.D. Ala. 2005) –Obtained summary judgment on behalf of electric utility in federal environmental enforcement case involving compliance with the New Source Review provisions of the Clean Air Act.
  - McAbee v. Earthgrains, No. 4:03-VC-00070 (N.D. Ala. 2003) - Obtained dismissal of Clean Air Act citizen suit against bakery.
- Clean Water Act
  - Alabama Rivers Alliance v. Federal Energy Regulatory Commission, 325 F.3d 290 (D.C. Cir. 2003) - Represented electric utility in dispute over applicability of Clean Water Act Section 401.
  - Bay Area Responsible Growth Alliance v. United States Army Corps of Engineers, No. 05-0423-CG-D (S.D. Ala. 2005) – Obtained dismissal of environmental citizen suit on behalf of real estate developer in a case where the environmental plaintiff sought to overturn the Corps of Engineers’ permitting for a large-scale commercial development project.
  - Alabama Rivers Alliance & American Rivers v. Alabama Power co., EMC Case No. 05-14 (Ala. Envtl. Mgmt. Comm'n Jan. 26, 2006) - Obtained dismissal of challenge to water quality certifications authorizing the relicensing of seven hydroelectric dams on the Coosa and Black Warrior Rivers in Alabama.
  - Legal Environmental Assistance Foundation v. Alabama Dept. of Envtl. Management, EMC Case No. 03-09 (Ala. Envtl. Mgmt. Comm’n June 29, 2004) – Obtained dismissal of administrative challenge to the issuance of an NPDES permit.
  - McAbee v. Earthgrains, No. 4:03-VC-00070 (N.D. Ala. 2003) - Obtained dismissal citizen suit against bakery.
  - Obtained dismissal of Clean Water Act lawsuit alleging that construction company contaminated the Cahaba River.
- Toxic Torts
  - Chancellor v. Air Liquide America Corp., No. 2:04-CV-3102-RDP (N.D. Ala. Mar. 29, 2005) – Obtained dismissal of respirator manufacturers from multi-plaintiff silicosis cases.
  - Jones v. Aearo Corp., No. 7:05-cv-2596-UWC (N.D. Ala. Apr. 19, 2006) – Obtained dismissal dismissing of respirator manufacturers from multi-plaintiff silicosis cases.
  - Woods v. Eastman Chemical Co., Case No. CV-2002-57 (Hale County, Ala. Cir. Ct. Aug. 27, 2004) - Obtained dismissal of a toxic tort exposure case.
  - Ray v. Eastman Chemical Co., Case No. CV-2002-57 (Civil Action Number: CV-03-50, in the Circuit Court of Hale County, Alabama) – Removed case to federal court and obtained a dismissal of claims alleging exposure to toxic chemicals.
  - Successfully represented utility companies in several asbestos premises liability lawsuits filed by former contractors and their families seeking damages for mesothelioma, lung cancer and asbestosis.
  - Successfully represented terminal and pipeline companies from personal injury and property damage claims arising out of alleged petroleum product contamination
  - Defended well-known chemical company in a purported multi-state class action filed by coal miners alleging exposure to polymeric diphenyl methane diisocyanate (PMDI).
  - Analyzed coverage issues relating to plaintiffs’ alleged exposure to toxic chemicals in wrongful death and personal injury cases in Alabama, Mississippi, and Florida, including claims for alleged exposure to toxic chemicals at industrial sites and exposure to CCA treated lumber and utility poles.
  - Handled coverage issues and litigated scope of absolute pollution exclusion in Mississippi wrongful death and personal injury cases arising out of a gasoline tanker spill and resulting explosion.
  - Represented policyholders in environmental insurance coverage/toxic tort litigation addressing underlying personal injury claims brought by 400+ plaintiffs.
  - Defended utility company against nuisance, trespass and negligence claims related to particulate emissions from coal-fired power plants.
- Other Environmental and Resources Litigation
  - Alabama-Tombigbee Rivers Coalition v. Norton, 338 F.3d 1244 (11th Cir. 2003) – Successfully represented business coalition in obtaining reversal of decision dismissing challenges to Endangered Species Act listing based on lack of standing.
  - Alabama v. United States Army Corps of Engineers, 229 F.R.D. 669 (N.D. Ala. Aug. 10, 2005) – Representing electric utility in obtaining intervention of right in interstate water dispute between Alabama, Florida, Georgia and the Corps of Engineers.
  - Chestang v. W.R. Grace & Co., 709 So. 2d 470 (Ala. 1998) – Obtained summary judgment for a refractory company in asbestos litigation and successfully litigated appeal in which plaintiffs sought to circumvent the Alabama personal injury statute of limitations by arguing CERCLA preemption.
  - Davis v. Hanson Aggregates Southeast, Inc., 2006 WL 1577915 (Ala. 2006) – Successfully defended crushed stone quarry in mass joinder case involving claims of air and noise pollution, blasting damage, and surface and groundwater diversion.
  - Matthews v. Cypress Equities – Southeast, LLC, Case No. CV 05-1346 (Baldwin County, Ala. Cir. Ct.) – Successfully represented developer from charges of non-compliance with environmental permitting and regulatory requirements.
  - Jim Tollison v. ADEM and Veolia, EMC Docket 07-02 (Ala. Envtl. Mgmt. Comm’n April 20, 2007) – Obtained dismissal of challenges solid waste landfill permit.
  - Represented electric utility in a CERCLA lawsuit arising out of a former industrial site.
  - Defending several of the nation’s largest energy producers against claims that damage from Hurricane Katrina was caused by “global warming.”
  - Successfully resolved lawsuit filed against major nationwide retailer by an adjacent property owner who claimed damages resulting from leaking underground storage tanks.
  - Successfully resolved lawsuit filed against one of North America’s largest producers of oriented strand board by an adjacent property owner who claimed damage to his pond and property from storm water runoff.
  - Successfully represented utility in equal protection challenge filed by a landowner adjacent to a reservoir owned by utility.
  - Represented manufacturers and suppliers whose products formerly contained asbestos in negotiating cost sharing agreements between insurers, addressing coverage trigger and allocation issues, and in general day-to-day dealings with insurers.
  - Represented commercial property policyholders damaged by Hurricane Katrina with respect to claims under private policies and the National Flood Insurance Program (NFIP), including requests for Standard Flood Insurance Policy interpretations under the NFIP.
  - Successfully represented real estate developer in settlement negotiations with the Florida Department of Environmental Protection concerning alleged violations of the storm water regulations.