MIKE FREEMAN chairs the firm’s Environmental Litigation Practice Group and is the immediate past chair of 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 and state 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, 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.

Mike 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 has authored many articles on environmental and business litigation topics. 

Mike has significant experience in environmental litigation in federal and state courts. He also has represented clients in administrative hearings before the Alabama Environmental Management Commission, the National Marine Fisheries Service and the Fish and Wildlife Service. 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, the Comprehensive Environmental Response, Compensation and Liability Act, the Endangered Species Act and the Oil Pollution Act.

Some of his active cases include:

• Comer v. Murphy Oil, (S.D. Miss) - Defending group of electric utilities from class action claims alleging utilities' emissions contributed to global warming causing damage to residents of Mississippi.
• Conservation Law Foundation v. Public Service of New Hampshire (New Hampshire) - Defending electric utility from claims it violated the Clean Air Act.
• United States v. Alabama Power Company, (N.D. Ala.) - Defending electric utility from claims it violated the Clean Air Act.
• Lowery v. Honeywell; Aaron v. ABC Acquisitions; and Allen v. ABC Acquisitions; (Jefferson County, Alabama) - Defending electric utility from claims of 1,500 plus plaintiffs alleging that defendants' activities created a nuisance that caused damage to plaintiffs' person and properties.
• Hunter v. Textron, (Jefferson County, Alabama) - Defending products liability case.
• Alabama Department of Conservation and Natural Resources v. City of Birmingham, (Jefferson County, Alabama) - Defending city from charges of destroying natural resources.
• United States Fish & Wildlife Service v. City of Birmingham - Defending city from allegations of violating the Endangered Species Act.
• Sarah Moore, et al v. BP, et al (S.D. Ala.) - Representing marshland and oyster bed owners with claims against BP, et. al. arising out of the Deepwater Horizon disaster.

Past cases include:

• Environmental Defense v. Duke Energy Corp., 127 S. Ct. 1423 (2007) - Counsel for electric utility industry 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 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.
• James v. Eastman Chemical, (Hale County, Alabama) - Successfully Defended chemical company against claims by 500 plus plaintiffs for exposure to toxic chemicals.
• Eastman Chemical v. Commerce and IndustryI nsurance Company, (Hale County, Alabama) - Obtained favorable settlement in coverage lawsuit against multiple insurance companies.
• Continental 237 Fund LLC v. GEO Solutions, (N.D. Ala.) - Obtained favorable settlement in cost recovery action relating to clean-up of development site.
• Comer v. Murphy Oil, (S.D. Miss) - Obtained dismissal of class action claims against electric utilities alleging that utilities' emissions contributed to global warming that caused personal injury and property damage to residents of Mississippi.
• 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 – 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.
• Business Alliance for Responsible Development v. Storm Water Management Authority, Case No. 200601583 (filed 2006) - Obtained declaratory judgment against stormwater authority.
• 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. 2005) – Obtained dismissal of multi-plaintiff silicosis case against respirator manufacturers.
• Woods v. Eastman Chemical Co., Case No. CV-2002-57 (Hale County, Alabama 2004) – Obtained a dismissal of a toxic tort exposure case.
• Ray v. Eastman Chemical Co., Case No. (Civil Action Number: CV-03-50, Hale County, Alabama) – 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 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) – Obtained judgment on behalf of major electric utility, enjoining TVA from marketing and selling power outside its geographic boundaries.

PROFESSIONAL ACTIVITIES

• • Listed in The Best Lawyers in America (2008 - present)
  • American Bar Association (1988 – present);  Chair Environmental Litigation and Toxic Torts Committee of the Section on Environment, Energy and Resources (2008 - 2010);
  • Fellow, American Bar Foundation (2010)
  • Fellow, Alabama Bar Foundation
  • Fellow, Birmingham Bar Foundation
  • Alabama State Bar Association (1988- present)
  • Birmingham Bar Foundation, Executive Committee (2004 - present); President (2011) 
  • Birmingham Bar Association (1988 - present); Chaired, Group A, Grievance Committee (2009); Chaired Public Speakers Committee (2006); Member, Executive Committee (2001 - 2003); Member, Birmingham Bar Grievance Committee (2001); Chaired Birmingham Bar CLE Committee (1999); 
  • Member, Volunteer Lawyer Program (1997- present)

  

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