John F. Dougherty

John Dougherty focuses on environmental litigation and permitting, government contracts, construction litigation, and general commercial litigation.

Environmental Litigation and Permitting. Mr. Dougherty's environmental practice consists of representing regulated entities in permit applications and criminal, civil, and administrative enforcement actions, wetlands, riparian rights, oil pollution, clean water act, hazardous waste, and air pollution matters, among others. Significant matters include the following:

     •    Coal Mine Permitting. The Casselman Mine is a deep coal mine spanning 3000 acres in Garrett County, Maryland. Mr. Dougherty represented the owners against vigorous opposition from State agencies and environmental activists. The most significant challenge came when the Maryland Department of Natural Resources issued its first and only "jeopardy opinion" in the 35 years of the Maryland Endangered Species Act, concluding that acidic pollution from the mine could jeopardize endangered hellbenders in the Casselman River. After Mr. Dougherty marshaled a team of technical experts to show that the mine would be carefully operated to protect against harm to endangered species, acid mine drainage, water pollution, surface subsidence, and aquifer dewatering, the State rescinded its jeopardy opinion and issued all necessary permits.

     •    CERCLA claims dismissed.  Mr. Dougherty defended a dry cleaner tenant against its landlord's claims seeking the tenant's eviction and CERCLA § 107 indemnity for trichloroethylene (TCE) contamination. The court granted Mr. Dougherty's motion to dismiss, holding that the tenant could stay and the landlord was barred from seeking CERCLA § 107 indemnity because it was affiliated with the former owners and was not a bona fide prospective purchaser. (U.S. D.Md., 1:05-CV-00284-AMD.)

     •    Smallest environmental penalty in Maryland history? Mr. Dougherty defended a family-owned dairy farm against State charges of violating Maryland's Water Pollution Control Act, alleging 396 separate violations over a nine-month period, and seeking the maximum penalty of $3.96 million. After a two-day trial, the Circuit Court imposed a $20 civil penalty for two accidental violations that had been quickly cleaned up, and dismissed the State's other 394 claims. (Circuit Court for Baltimore County, Maryland, Case No. 03-C-08-011817.)

Government Contracts. Mr. Dougherty has represented numerous government contractors in bid protests and contract claims at the federal, state, county and municipal level. His familiarity with federal, state and local acquisition and procurement regulations, combined with a broad knowledge of construction and other industries, gives him the ability to quickly understand and formulate solutions to the complex legal problems that confront government contractors. He is a co-author of the article "Brief Guide to Maryland Procurement Law," Maryland Litigator (Feb. 2012).

Construction Litigation. Mr. Dougherty represents owners and contractors in contract negotiations, payment claims, construction defect claims, and mechanic's lien actions. He has a good understanding (at least for a lawyer) of how buildings get built, and is not afraid to climb up on a roof or get his boots muddy.

General Litigation. Mr. Dougherty also handles general litigation matters, with a concentration on property rights, including eminent domain, title and boundary disputes, real estate transactions, and commercial landlord-tenant matters.

Mr. Dougherty earned a bachelor's degree in environmental science from the University of Virginia in 1989, and graduated magna cum laude from the University of Baltimore School of Law in 1998. Before becoming a lawyer, he was a senior project manager and hydrogeologist for a large environmental consulting firm.

Mr. Dougherty lives in Millersville, Maryland with his wife and children, and enjoys sailing, the outdoors, and leading his son's Cub Scout den.