John M. Stevens, Jr.
John Stevens has practiced in Litigation at Foley Hoag for more than 35 years, and for the past 20 years has had an active trial (an average of two major matters a year) and appellate practice concentrating in public and private environmental and contractual disputes, many of them involving siting of facilities. He has tried numerous matters in state and federal courts and before arbitrators and administrative tribunals.
The facilities siting controversies in which John has been involved primarily emphasize a wide range of environmentally focused applications, including sewage treatment, solid and hazardous waste management, and chemical manufacturing. He has also handled siting disputes involving such sensitive siting projects as a fossil fuel-fired power plant, a biocontainment laboratory, and the expansion of a ski area. As part of his work in this area, he has successfully secured recovery of environmental remediation costs from insurers.
Bars and Court Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals, District of Columbia Circuit
- Supreme Court of the United States
- U.S. Court of Appeals, First Circuit
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Seventh Circuit
Representative Experience
The following is a brief summary of John's experience and accomplishments:
- Represented the Massachusetts Water Resources Authority in a variety of controversies, including:
- A successful three-month federal court trial and subsequent appeal of a claim by the United States Department of Justice seeking to compel construction of new drinking water treatment facilities
- Federal court proceedings monitoring the design, construction and operation of new sewage treatment facilities, including a trial of the issue of construction scheduling
- Claims arising from NPDES and other permits including successful negotiation in penalty claims
- Successful results in the Boston Harbor Case before United States District Court, Court of Appeals and United States Supreme Court
- Defense of substantial claims for extras made by an international construction contractor in connection with construction of sludge pelletizing plant
- Defense of a claim for contractual adjustment on Outfall Tunnel
- Issues involving enforcement of a labor law dispute, intervention, fee recovery and the extent of federal court injunctive authority
- Successfully defended Boston University/Boston Medical Center's application in federal district court to enjoin funding of a national biocontainment laboratory; further representation in state and federal courts concerning additional environmental reviews.
- Represented Browning Ferris Industries, Inc. in proceedings to revoke site assignment of a major landfill before the Fall River Board of Health; overturned adverse decsion of Board of Health in Massachusetts Superior Court; successfully defended the Superior Court decision in City's appeal to Massachusetts Appeals Court.
- Obtained reversal by Massachusetts State Appeals Court of a judgment against Massachusetts Bay Transportation Authority enforcing a deferred compensation agreement; successfully obtained environmental remediation costs following mediation.
- Obtained a remand of the NPDES permit for Brayton Point Station, New England's largest fossil fuel generating facility, from the Environmental Appeals Board
- Obtained reversal by Massachusetts Supreme Judicial Court of Superior Court judgment against Wachusett Mountain Associates interpreting Massachusetts regulations that held environmental reviews for expansion of a ski area to be inadequate
- Successfully defended an environmental cost recovery claim on behalf of Pharmacia, Corp. as operator of a chemical manufacturing facility
- Represented Hasbro, Inc. in numerous environmental and contract disputes, including a four-week federal-court trial leading to recovery of 100 percent of environmental remediation costs and arbitration concerning performance of warehouse management software
- Challenged, on behalf of the City of Portland, Oregon, an EPA national drinking water regulation in District of Columbia Court of Appeals
- Obtained site assignment for a solid waste transfer station for Waste Solutions, Inc. before the Town of Marshfield Board of Health.
- Tried National Reclamation of Raynham's application for site assignment for a solid waste transfer station before the Town of Raynham Board of Health.
- Represented Hoechst Celanese Corporation in mediation and a Suffolk County jury trial resulting in substantial recovery from insurers of environmental remediation costs incurred as a result of the operations of the Foster Grant Company
- Obtained reversal by New Hampshire Supreme Court of trial judgments against Workplace Systems, Inc. involving interpretations of insurance contracts
- Obtained award or response costs and attorney's fees for Sanitoy, Inc. and expansion of award in Massachusetts Appeals Court
- Represented General Dynamics Corporation, Quincy Shipbuilding Division in numerous subcontractor disputes, including federal court jury trial and arbitrations under AAA and contractual procedures
- Defended a Blount, Inc. local opposition arising from noise related to construction and operation of cogeneration plant involving numerous municipal public hearings, state procedures and a successful jury trial
professional / civic involvement
- Concord Land Conservation Trust, Chairman