MIKE FREEMAN chairs the firm’s Environmental Litigation Practice Group and the American Bar Association's Committee on Environmental Litigation and Toxic Torts. While his litigation experience covers a wide variety of civil cases, his practice focuses on:
Environmental Litigation - Representing companies that are the subject of federal and state enforcement actions and citizens suits under environmental statutes; defending companies involved in federal toxic tort lawsuits arising out of alleged exposures or contamination; prosecuting cases for insurance coverage and contribution.
Business Litigation - Representing companies and individuals in lawsuits with competitors, suppliers, purchasers, customers, business partners, and former officers, executives and employees; prosecuting and defending lawsuits arising out of stock sale agreements, asset purchase agreements, employment agreements and covenants not to compete.
Energy Litigation - Representing energy providers in disputes and lawsuits with competitors, suppliers, customers, regulators and the public.
Mr. Freeman is a frequent speaker, teacher and author on litigation topics. He has served for several years on the faculty of the Alabama Defense Lawyers Trial Academy and taught as a guest lecturer at local law schools. He speaks frequently at Continuing Legal Education Seminars and business meetings. He also has authored articles on environmental and business litigation topics. He currently serves as the Chair of the American Bar Association’s Environmental Litigation and Toxic Torts Committee of the Section on Environment, Energy and Natural Resources and was Editor of the Committee’s Newsletter for two years.
Mr. Freeman has significant experience in environmental matters protecting the regulated community from federal enforcement actions and citizen suits. He also has an active administrative hearing practice before the Alabama Environmental Management Commission. He has represented clients in all sorts of environmental and resources litigation, including actions under the Clean Air Act, the Clean Water Act, the National Environmental Policy Act and the Endangered Species Act.
Some of his representative cases include:
- National Parks Conservation Assoc. v. TVA, 554 U.S. (June 23, 2008) - Counsel of record for amicus curiae Alabama Power Company in Clean Air Act case.
- Environmental Defense v. Duke Energy Corp., 127 S. Ct. 1423 (2007) - Counsel for electric utility industry as amicus curiae in Clean Air Act enforcement case.
- Leavitt v. TVA, 541 U.S. 1030 (2004) – Opposed successfully a petition for writ of certiorari filed by the United States Department of Justice with the United States Supreme Court in a Clean Air Act 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 case.
- Sierra Club v. Kempthorne, CA 07-0216-NS-M (S.D. Ala. 2007) - Represented development group in Endangered Species Act case involving Alabama beach mouse.
- United States v. Alabama Power Co., 372 F. Supp. 2d 1283 (N.D. Ala. 2005) – Obtained summary judgment on behalf of electric utility in environmental enforcement case brought by the United States and environmental groups alleging violations of Clean Air Act.
- In re Carolina Power & Light, Yadkin-Pee Dee River Hydroelectric Project, U.S. Coast Guard Dkt. No. 2007-NMFS-0001 – Successfully represented electric utility in trial-type hearing under Energy Policy Act of 2005 on fishway prescriptions issued by U.S. Fish & Wildlife Service and National Marine Fisheries Services, resulting in favorable settlement.
- McAbee v. Earthgrains, No. 4:03-CV-00070 (N.D. Ala. 2003) – Obtained dismissal of Clean Air Act citizen suit against bakery.
- Chancellor v. Air Liquide America Corp., No. 2:04-CV-3102-RDP (N.D. Ala. Mar. 29, 2005) – Obtained dismissal of multi-plaintiff silicosis case against respirator manufacturers.
- Woods v. Eastman Chemical Co., Case No. CV-2002-57 (Hale County, Ala. Cir. Ct. Aug. 27, 2004) – Obtained a dismissal of a toxic tort exposure case.
- Ray v. Eastman Chemical Co., Case No. (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.
- Alabama Rivers Alliance & American Rivers v. Alabama Power Co., EMC Case No. 05-14 (Ala. Envtl. Mgmt. Comm’n Jan. 26, 2006) – Obtained a dismissal of challenges to water quality certifications authorizing the relicensing of seven hydroelectric dams on the Coosa and Black Warrior Rivers in Alabama.
- 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.
- Alabama Power Co. v. TVA, 948 F. Supp. 1010 (N.D. Ala. 1996) – Successfully obtained judgment on behalf of major electric utility, enjoining TVA from marketing and selling power outside its geographic boundaries.
PROFESSIONAL ACTIVITIES
- American Bar Association (1988 – present); Chair Environmental Litigation and Toxic Torts Committee of the Section on Environment, Energy and Resources (2008); YLS District Representative for Alabama and Georgia (1997 – 1999)
- Alabama State Bar Association (1988- present); Member, Executive Committee of the Young Lawyers Section; Chaired, State Disaster Relief Effort
- Birmingham Bar Foundation, Charitable Arm of the Birmingham Bar (2004 - present); Chaired Committee that organized First Annual Alabama Appellate Court Oral Argument at Samford University (2005)
- Birmingham Bar Association (1988 - present); Chaired Birmingham Bar Public Speakers Committee (2006); Member, Birmingham Bar Executive Committee (2001 - 2003); Member, Birmingham Bar Grievance Committee (2001); Chaired Birmingham Bar CLE Committee (1999); Original Organizer, “Coffee With the Judges” (1998 – present); Chaired Committee to work with FEMA to provide volunteer lawyers to assist tornado victims (1997) (over 100 volunteer lawyers participated)
- Volunteer Lawyer Program (1997- present)
