P. STEPHEN GIDIERE III is a partner in the firm’s Environmental and Natural Resources Section and Environmental Litigation Practice Group. His experience and practice cover a wide variety of environmental, natural resources, administrative, and information law topics.

Mr. Gidiere has significant experience litigating civil matters against the federal government. He represents clients in environmental and resources litigation, including enforcement actions, under federal environmental statutes like the Clean Water Act, Clean Air Act, and the Endangered Species Act. He also represents individuals, associations, and businesses in challenges to agency administrative action. He represents businesses and individuals against federal agencies to enforce the requirements of the Freedom of Information Act, the Privacy Act, and other information statutes. Some of his representative cases include:

• Environmental Defense v. Duke Energy Corp., 127 S. Ct. 1423 (2007) – Counsel of record for electric utility industry as amici curiae in review of Clean Air Act enforcement action. [Amicus Brief] [Decision]
• 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. [Brief in Opposition to Cert]
• In re Carolina Power & Light, Yadkin-Pee Dee River Hydroelectric Project, U.S. Coast Guard Docket No. 2007-NMFS-0001 - Successfully represented electric utility in trial-type hearing under Energy Policy Act of 2005 on fishway prescriptions by U.S. Fish & Wildlife Service and National Marine Fisheries Services, resulting in settlement of fish passage issues [Hearing Request] [Brief in Opposition to Agencies' Motions to Dismiss] [Order Denying Agencies' Motions to Dismiss]
• Alabama Rivers Alliance v. Alabama Department of Environmental Management, EMC Docket No. 05-14 (2006) -- Represented intervenor in obtaining summary judgment in administrative appeal of Clean Water Act Section 401 water quality certification issued for nine FERC-licensed hydropower projects.  [Decision]
• State of West Virginia v. U.S. Environmental Protection Agency, 362 F.3d 861 (D.C. Cir. 2004) – Represented major utility in challenge to EPA rulemaking on NOx emissions.
• Alabama Rivers Alliance v. Federal Energy Regulatory Commission, 325 F.3d 290 (D.C. Cir. 2003) – Represented electric utility as intervenor in dispute over applicability of Clean Water Act Section 401.
• Alabama-Tombigbee Rivers Coalition v. Norton, 338 F.3d 1244 (11th Cir. 2003) – Successfully represented a business coalition in obtaining reversal of district court decision dismissing challenges to Endangered Species Act listing decision based on lack of standing.
• United States v. Alabama Power Co., 372 F. Supp. 2d 1283 (N.D. Ala. 2005) –Obtained favorable ruling on behalf of major electric utility in federal environmental enforcement case involving compliance with the New Source Review provisions of the Clean Air Act.
• Hygia Health Services, Inc. v. U.S. Food & Drug Admin., No. 2:06-CV-4798 (N.D. Ala. 2006) – Obtained summary judgment ordering release of document claimed by FDA as law enforcement sensitive under FOIA Exemption 7. [Summary Judgment Brief] [Memorandum Opinion] [Order Denying FDA's Motion for Reconsideration]
• McAbee v. Earthgrains, No. 4:03-CV-00070 (N.D. Ala. 2003) – Obtained dismissal of Clean Air Act citizen suit against bakery.
• Donald Stewart et al. v. Alabama Department of Environmental Management, 03-CV-2007-900475 (Mont.Cty.Cir.Ct.) - Successfully represented landowners in declaratory and injunctive action under Alabama Administrative Procedure Act resulting in consent decree with state environmental agencies requiring Clean Water Act permitting for multi-family development project on Lake Martin.
• Sierra Club v. Tennessee Valley Authority, No. 04-15324-HH (11th Cir. 2005) - Represented business associations as amici curiae in request for rehearing in Clean Air Act citizen suit involving "credible evidence rule" and alleged opacity violations. [Amici Brief]
• National Parks Conservation Association v. Tennessee Valley Authority, 502 F.3d 1316 (11th Cir. 2007) - Represented electric utility as amicus curiae supporting affirmance of dismissal of Clean Air Act citizen suit. [Amicus Brief] [Decision] [Brief in Opposition to Cert]
• Perkins et al. v. U.S. Department of Veterans Affairs et al., Case No. 08-11102-G (11th Cir. 2008) - Representing Vietnam veterans in Privacy Act case against VA for data breach at Birmingham VA facilities involving veterans' personal privacy information. [Principal Brief for Veterans] [Brief for VA] [Reply Brief for Veterans]
• Georges Michel v. United States, 2008 WL 634088 (11th Cir. March 11, 2008) - Appointed by federal Court of Appeals to represent indignent federal prisoner and successfully obtained reversal of district court's dismissal of prisoner's challenge to his sentence. [Opening Brief] [Reply Brief] [Decision]

Mr. Gidiere also represents clients on matters involving federal and state natural resource and wildlife agencies, including the U.S. Fish & Wildlife Service (FWS) and the Alabama Department of Conservation and Natural Resources. He negotiates conservation agreements under the Endangered Species Act (ESA) that allow development projects to move forward. He also assists clients whose activities are the subject of consultation under Section 7 of the ESA and develops grant applications for federal funds to assist private entities in undertaking voluntary conservation efforts to benefit listed species. He assists clients in obtaining permits and certifications under the ESA, the Clean Water Act (CWA),  Clean Air Act (CAA), and in negotiating penalty orders under those statutes.

Mr. Gidiere is a nationally-recognized expert in the area of open government and freedom of information laws. He is the author of The Federal Information Manual (ABA 2006), a new book published by the American Bar Association. The book explains how to litigate claims against the federal government for access to records under the Freedom of Information Act (FOIA) and other statutes and how to protect sensitive records submitted to the government. Mr. Gidiere frequently publishes articles and opinion pieces on current and emerging government information topics.

Prior to joining Balch & Bingham LLP, Gidiere served as an attorney-advisor with the United States Department of the Interior in Washington, D.C., an executive branch department that includes the U.S. Fish & Wildlife Service and the National Park Service. He also served as a law clerk to the Honorable Emmett R. Cox of the United States Court of Appeals for the Eleventh Circuit.

PROFESSIONAL ACTIVITIES

• • Alabama Open Records Study Task Force, Member and Subcommittee Chairman
  • The Nature Conservancy of Alabama, Board Member
  • Executive Editor, Natural Resources and Environment
  • Adjunct Professor, Natural Resources Law, University of Alabama School of Law

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