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John M. Stevens, Jr.
Partner
Boston
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, First Circuit
Supreme Court of the United States
Representative Experience
The following is a brief summary of John's experience and accomplishments:
Successfully defended an environmental cost recovery claim on behalf of Pharmacia, Inc. as operator of a chemical manufacturing facility
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
Represented Browning Ferris Industries, Inc. in a tried proceeding 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.
Successfully defended Boston University/Boston Medical Center's application in federal district court to enjoin funding of a national biocontainment laboratory; obtained leave to challenge before Massachusetts Appeals Court and Supreme Judicial Court a lower court order requiring additional environmental reviews.
Tried National Reclamation of Raynham's application for site assignment for a solid waste transfer station before the Town of Raynham Board of Health.
Obtained reversal by Massachusetts State Appeals Court of Superior Court of a judgment against Massachusetts Bay Transportation Authority enforcing a deferred compensation agreement
Represented Hasbro, Inc. in numerous contract disputes, including arbitration concerning performance of warehouse management software and four-week federal-court trial to recover costs of design and excavation required for environmental remediation and extended arbitration
Tried Waste Solutions, Inc. s application for site assignment for a solid waste transfer station before the Town of Marshfield Board of Health.
Obtained reversal by Massachusetts Appeals Court of Superior Court of a judgment against Sanitoy, Inc. limiting recovery of attorneys' fees
Challenged, on behalf of the City of Portland, Oregon, the EPA national drinking water regulation in District of Columbia Court of Appeals
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. construction project against local opposition involving numerous municipal public hearings, state regulatory procedures and a successful jury trial
Represented Hasbro, Inc. in numerous contract disputes, including four-week federal court trial enforcing environmental indemnity in acquisition agreement and AAA arbitration involving warehouse management software
Obtained reversal by Massachusetts Supreme Judicial Court of Superior Court of a judgment against Wachusett Mountain Associates interpreting Massachusetts regulations that held environmental reviews for expansion of a ski area to be inadequate
Appealed the NPDES permit for Brayton Point Station, New England's largest fossil fuel generating facility, to the Environmental Appeals Board and brought related proceedings in federal courts.
Represented, as Special Assistant Attorney General, the Massachusetts Water Resources Authority in a variety of controversies, including:
A three-month federal court trial and subsequent appeal in a dispute against United States Department of Justice concerning new drinking water treatment facilities.
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