Thomas L. Casey III

Partner Birmingham
(205) 226-3480
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Education
  • The University of Alabama School of Law
    J.D., 2003,

    magna cum laude; Order of the Coif; Hugo Black Scholar Award; Managing Editor, Alabama Law Review

  • University of Montevallo
    B.A., 1999,

    cum laude; Associate Student, New College, Oxford University, Oxford, England, UK, (1997-1998)

Bar Admissions
  • Alabama, 2003
About Thomas
Q&A
  • What types of clients do you represent?

    I represent utilities, industry, developers, trade associations, and small businesses.

  • What type of matters do you work on most often?

    My clients operate in heavily regulated industries. Most of my work involves helping my clients understand current and proposed environmental regulations and defending their interests before regulatory agencies, the public, and the courts.

  • What previous experiences, prior to your work at Balch, influence your practice?
  • Which Courts or agencies do you most often appear before on behalf of your clients?
MORE ABOUT Thomas
  • Citizen Suits: Represented a mineral corporation with dismissal of pollution claims under the Clean Water Act, holding in essence, that citizen suits cannot plead into an exception to the statutory notice requirements. (2013, Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc., 734 F.3d 1297 (Eleventh Cir.))  
  • Citizen Suit: Represented a major electric generating company in Clean Air Act citizen suits alleging opacity and particulate matter violations at a coal-fueled power plant. (Sierra Club v. Energy Future Holdings et al., No. 6:12-cv-108 (W.D. Tex.); No. 5:10-cv-156 (E.D. Tex.))          
  • Litigation: Represented a major utility as an intervenor in complex consolidated litigation challenging EPA’s Clean Air Interstate Rule. (2009, Sierra Club v. U.S. Environmental Protection Agency, No. 06-1221 (D.C. Cir.))           
  • Endangered Species Act: Represented a business coalition challenging listing of the Alabama Sturgeon under the Endangered Species Act. (2007, Alabama-Tombigbee Rivers Coalition v. Kempthorne, 477 F.3d 1250) (Eleventh Cir.)) 
  • Permitting: Successfully obtained dismissal of a citizen suit alleging violations of CWA NPDES permit limitations for a coal company. (Jan. 26, 2012, N.D. Tennessee Riverkeeper, Inc. v. Hope Coal Co. & National Coal of Alabama, Inc. No. 10-3515 (N.D. Ala.))          
  • Permitting: Represented a mining company in a citizen suit challenging ADEM's issuance of a CWA NPDES permit before the Alabama Environmental Management Council and on appeal to the Circuit Court of Montgomery County and the Alabama Court of Civil Appeals. (Dec. 02, 2011, Black Warrior Riverkeeper, Inc. et al. v. Alabama Department of Environmental Management & MCoal Corp., No. 10-923 (Ala. Civ. App.))     
  • Permitting: Represented a permit holder intervening in a lawsuit to defend a landfill permit. (June 6, 2008, Murdock v. Alabama Department of Environmental Management, et al., CV-03-1166 (Ala. Cir. Ct.) and Oct. 19, 2007, Walthen v. Alabama Department of Environmental Management, AEMC No. 07-05 (AEMC))
  • Represented electric generating company in successfully obtaining vacatur and remand of EPA disapproval of Texas SIP revision related to permitting of electric generating facilities. (2011, Luminant Generation et al. v. U.S. Environmental Protection Agency, No. 11-60158)
  • Represented business associations as amici curiae in an appeal involving the interpretation of public participation provisions of the Alabama Environmental Management Act. (2007, Alabama Department of Environmental Management v. Legal Environmental Assistance Foundation, 973 So. 2d 369 (Ala. Civ. App.))
      Education
      • The University of Alabama School of Law, J.D., 2003,

        magna cum laude; Order of the Coif; Hugo Black Scholar Award; Managing Editor, Alabama Law Review

      • University of Montevallo, B.A., 1999,

        cum laude; Associate Student, New College, Oxford University, Oxford, England, UK, (1997-1998)

      Courts
      • Alabama Supreme Court, 2003
      • U.S. District Court, Northern District of Alabama, 2005
      • U.S. Court of Appeals, Eleventh Circuit, 2005
      • U.S. Court of Appeals, D.C. Circuit, 2006
      • U.S. Supreme Court, 2007
      • U.S. District Court, Eastern District of Texas, 2012
      • U.S. District Court, Western District of Texas, 2012
      • U.S. District Court, Northern District of Texas, 2012
      Bar Admissions
      • Alabama, 2003
      Professional Affiliations
      • Birmingham Bar Association
      Awards & Accolades
      • Birmingham Magazine, Rising Star, 2009
      • Best Lawyers in America, Environmental Law & Environmental Litigation, 2016-present
      Clerkships
      • U.S. Court of Appeals, Eleventh Circuit, Honorable Emmett R. Cox, 2004 - 2005
      • U.S. Court of Federal Claims, Washington D.C., Honorable Eric G. Bruggink, 2003 - 2004