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Thomas Brugato is special counsel in the firm’s Washington, DC office. His practice focuses on environmental matters, as well as civil and administrative litigation. He has experience advising clients on a wide variety of environmental issues, including under the Clean Air Act, Clean Water Act, RCRA, CERCLA, EPCRA, TSCA, FIFRA, the Endangered Species Act, and the Occupational Safety and Health Act.
Mr. Brugato has extensive experience with EPA's Renewable Fuel Standard program. He also has particular expertise in advising companies on environmental-related issues arising in the context of product recalls (such as compliance with PHMSA’s hazardous materials transportation regulations), including recalls under NHTSA or CPSC jurisdiction. Finally, Mr. Brugato has significant experience advising clients on Indian law related issues, particularly relating to the Indian Gaming Regulatory Act and tribal sovereign immunity.
Litigation
- Represented the State of Minnesota, including as a member of the trial team, in natural resource damages litigation resulting in a $850 million settlement. This is believed to be the largest non-oil-spill natural resource damages recovery ever obtained.
- Member of the penalty phase trial team that represented BP in civil litigation arising from the Deepwater Horizon incident in the Gulf of Mexico.
- Represented owners of a series of wind farms in California in securing a $206 million judgment for the Government’s failure to pay adequate Section 1603 grants to the wind farm owners. Alta Wind I Owner Lessor C v. United States, 128 Fed. Cl. 702 (2016).
- Represented a defense industry company in connection with natural resource damages-related insurance litigation.
- Defended several environmental tort lawsuits, including one involving oil transportation and storage facilities, and another involving a former mining site.
Environmental
- Advised several companies on COVID-19-related OSHA requirements, including relating to personal protective equipment, use of respirators, and recording of illnesses.
- Advised several disinfectant manufacturers on COVID-19-related EPA pesticide issues.
- Co-author of an extensive white paper analyzing the Renewable Fuel Standard's RIN market and EPA's potential market rule change.
- Represented multiple entities on the regulation of products containing antimicrobial ingredients under FIFRA, including in connection with significant EPA enforcement actions.
- Represented petroleum industry participants regarding multiple aspects of the Renewable Fuel Standard (RFS) program.
- Advise companies regarding the environmental aspects of product recalls, including NHTSA recalls (e.g., compliance with RCRA for recalled airbag products), and CPSC (e.g., compliance with PHMSA’s hazardous materials transportation regulations for electronic devices containing lithium-ion batteries).
- Represented Mueller Industries in connection with legacy site contamination issues, including under CERCLA and state law.
- Represented a pharmaceutical company in obtaining a favorable interpretation letter from the Pipeline and Hazardous Materials Safety Administration regarding transportation of a drug for clinical trials.
- Advised a client regarding Endangered Species Act restrictions applicable to the Vernal Pool Fairy Shrimp.
- Represented a petroleum refinery in obtaining a New Source Review permit under the Clean Air Act for a refinery expansion.
- Represented an alcoholic beverage storage facility in connection with fugitive emissions issues under the Clean Air Act.
- Represented a major fertilizer company on numerous environmental compliance issues under CERCLA and RCRA.
- Represented a mining company regarding natural resource damages claims at a former mining site.
- Represented companies relating to EPA and NHTSA joint greenhouse gas/CAFE standards for automobiles, including potential revisions.
- Advised companies regarding compliance under the EPA Energy Star program as well as under DOE-administered efficacy standards.
- Advised several entities regarding ESA import-related restrictions, including regarding (1) biological substances used in drug development and (2) antique African Elephant ivory.
- Represented an entity in connection with EPA Title VI environmental justice issues.
- Represented companies, including a cleaning product manufacturer and an animal drug manufacturer, regarding compliance with OSHA’s Hazard Communication Standard.
- Represented a renewable energy developer on potential challenges to a Clean Water Act § 404 permit.
Indian Law
- Represented a major gaming company in connection with multiple complex regulatory and litigation issues arising under the Indian Gaming Regulatory Act.
Pro Bono
- Represented a non-profit clean water advocacy organization in negotiations with the Government and litigation relating to a sewer system consent decree governed by the Clean Water Act.
- Represented a plaintiff in a § 1983 action against police and prosecutors in Washington Parish, Louisiana arising out of wrongful conviction and Brady violations.
Memberships and Affiliations
- Co-Chair of the Remediation and Environmental Liability Committee within the D.C. Bar's Environment, Energy and Natural Resources Community (2019-2020)
June 1, 2020, Covington Alert
On May 19, 2020, President Trump issued an executive order to promote "Regulatory Relief to Support Economic Recovery." Noting the harmful effect COVID-19 has had on the American economy, the order directs federal agencies, including independent agencies such as the U.S. Consumer Product Safety Commission, to take steps to ease burdens on regulated entities in ...
May 21, 2020, Covington Alert
On May 19, OSHA issued updated guidance reinstating employers’ obligations to record work-related COVID-19 cases. The guidance takes effect May 26. OSHA had previously suspended this obligation for most employers in an April 10 enforcement discretion document, but advocates for both employers and employees have recently pressed for more robust guidance from OSHA ...
May 20, 2020, Inside Energy & Environment
EPA on May 19 released a proposed rule that would put in place a set of regulations governing EPA’s issuance, modification, and withdrawal of guidance documents. This proposal implements portions of Executive Order 13891, and builds on EPA’s previous efforts to create a comprehensive portal of guidance documents earlier this year. Generally speaking, the ...
May 12, 2020, Inside Energy & Environment
EPA on May 12 announced a new framework for reviewing and approving products for use against the novel coronavirus. EPA’s framework explains which new product and existing product amendment requests will be expedited, and provides approximate timelines for EPA review and approval. Because of continued high demand for disinfectant products, companies seeking to ...
April 30, 2020, Inside Energy & Environment
EPA and the CDC on April 29 provided updated guidance on steps employers and businesses should take to disinfect their premises, as part of the “Guidelines for Opening Up America Again.” This provides important guidance for businesses to protect employees and members of the public, and to minimize potential liability arising out of coronavirus exposure...… ...
April 30, 2020, Covington Alert
Poison prevention has been one of several top priorities of the U.S. Consumer Product Safety Commission (“CPSC”) during the COVID-19 pandemic. President Trump’s recent speculation about the ingestion of disinfectants as a potential COVID-19 treatment prompted the agency to tweet an urgent safety warning the following day, and product manufacturers have issued ...
April 23, 2020, Bloomberg Law
Thomas Brugato spoke with Bloomberg Law about the EPA’s warning to e-commerce platforms that they were being used to sell disinfectants that fraudulently claim to fight the coronavirus. Mr. Brugato says, “It’s been the case for some time that online sellers of pesticides are responsible for insuring compliance with the Federal Insecticide, Fungicide, and ...
April 22, 2020
WASHINGTON—Covington represented satellite provider Ligado Networks in its successful application for rights to deploy 5G services over its mid-band spectrum. On April 22, the full Federal Communications Commission (FCC) released a unanimous decision approving Ligado’s application, finding that it will advance economic and security interests nationwide. The ...
EPA Expands Flexibilities for Manufacturers of “List N” Disinfectants for Use Against Coronavirus
April 15, 2020, Inside Energy & Environment
EPA on April 14 expanded its formal relaxation of certain FIFRA requirements for pesticides listed on EPA’s “List N” of products expected to be effective against the coronavirus. This expansion builds on EPA’s March 30 iteration of this temporary policy, which this blog previously discussed. Notably, EPA has found “good cause” to take these actions...… Continue ...
April 15, 2020, Inside Energy & Environment
In guidance to its enforcement staff released on April 13, OSHA has re-emphasized the obligations of employers, particularly in the healthcare industry, to ensure workplace health and safety and to report illnesses and deaths relating to COVID-19 notwithstanding the pandemic. The guidance also recognizes shortages of N-95 masks and other PPE and other practical ...
EPA Provides Flexibilities to Manufacturers of “List N” Disinfectants for Use Against Coronavirus
April 1, 2020, Inside Energy & Environment
EPA on March 31 provided a formal relaxation of certain FIFRA requirements for pesticides listed on EPA’s “List N” of products expected to be effective against the coronavirus. This temporary policy relaxes requirements to receive EPA approval of changes in sources of certain common active ingredients—such as ethanol, hydrogen peroxide, and citric acid—in ...
April 1, 2020, Bloomberg Law
Thomas Brugato is quoted in Bloomberg Law regarding the EPA’s increased enforcement measures against products making unproven antiviral or disinfectant claims in light of the coronavirus pandemic. Mr. Brugato says, “This is the tip of the iceberg. I think we’ll definitely see more cases like this.” He adds that given the clear public health implication of the ...
March 27, 2020, Inside Energy & Environment
EPA on March 26 released a guidance document explaining its approach to enforcement actions in light of the COVID-19 pandemic. While most aspects of that document explain areas in which EPA exercising enforcement discretion to provide flexibility to regulated parties in response to the pandemic, EPA is not taking that approach with respect to antimicrobial...… ...
March 18, 2020 (Updated March 24, 2020), Covington Alert
In developing plans to cope with the coronavirus (COVID-19), employers must strike the right balance between Occupational Safety and Health Act (OSHA) requirements and restrictions on employees’ privacy and the Americans with Disabilities Act (ADA). Several key requirements are particularly relevant, and agency guidance on these topics is rapidly ...
March 13, 2020, Inside Energy & Environment
Under EPA’s 2016 Emerging Viral Pathogens policy, pesticide registrants can obtain EPA “pre-approval” for their product to make claims to kill emerging viral pathogens when the policy is “activated,” so long as the pesticides have been approved for use on similar viruses. These include common household and workplace disinfectant products, which are generally ...
May 2020
As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...
EPA Releases Comprehensive Guidance Database, With Significant Ramifications for Auer Deference
February 28, 2020, Inside Energy & Environment
EPA on February 28 released a web portal containing links to “all of EPA’s active guidance documents,” as required by last year’s Executive Order 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” In total, EPA’s portal contains over 9,100 guidance documents, from EPA’s various Headquarters offices and each of its 10 Regions....… ...
EPA Seeks Comment on First Set of Hemp Pesticides and Begins to Develop Hemp/CBD Pesticide Policy
September 3, 2019, Covington Alert
The Agricultural Improvement Act of 2018 (the 2018 Farm Bill) has created a rapidly-expanding market for hemp-derived products by legalizing the cultivation of hemp, which can be processed to make a variety of goods, including cannabidiol (“CBD”) products.
July 2, 2019, Inside Energy & Environment
The Supreme Court’s much-awaited decision in Kisor v. Wilkie will have significant ramifications for the Environmental Protection Agency (“EPA”) and environmental law. While the decision upheld the concept of Auer deference, which instructs courts to defer to agencies’ interpretations of their own regulations, it also imposed a number of limitations and ...
April 5, 2019
WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...
March 14, 2019, Covington Alert
Acting at the direction of President Trump, the EPA on March 12 proposed major revisions to regulations governing one of the premiere environmental commodities markets: the trading of fuel credits known as Renewable Identification Numbers (RINs) under EPA’s Renewable Fuel Standard (RFS) Program.
January 9, 2019, Covington Alert
The ongoing partial government shutdown has halted most operations of the agencies regulating product safety, including the Consumer Product Safety Commission (“CPSC”), the National Highway Traffic Safety Administration (“NHTSA”), and the Environmental Protection Agency (“EPA”). With these agencies left without funding, businesses and consumers face significant ...
January 8, 2019, Covington Alert
Under the Resource Conservation and Recovery Act (“RCRA”), waste deemed “hazardous waste” is subject to onerous regulatory requirements, including: a 90-day storage limitation, shipment to a RCRA-permitted facility for disposal, and tracking from generation to disposal via a manifest system.
December 13, 2018, Covington Alert
Despite its deregulatory efforts in other areas, the Trump administration continues to enforce pesticide laws rigorously as part of its stated goal of returning EPA to its “core mission.” EPA is acting pursuant to its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136 et seq., under which EPA regulates the ...
February 7, 2017, Covington Alert
Barely two weeks after taking the oath of office, President Trump is already moving quickly to implement his campaign agenda. This alert addresses the actions Donald Trump has already taken with respect to environmental policy, and what can be expected going forward.
November 16, 2015
WASHINGTON, DC, November 16, 2015 - Covington advised Graham Holdings Company, a diversified education and media company, in its acquisition of Group Dekko, a manufacturer of electrical solutions for workspace, architectural lighting, and electrical components. The financial terms of the deal were not announced. According to Timothy O’Shaughnessy, president and ...
May 30, 2014
WASHINGTON, DC, May 30, 2014 — Covington & Burling advised Graham Holdings Company in its acquisition of Joyce/Dayton Corp., an Ohio-based manufacturer of screw jacks and other linear motion systems. The acquisition was announced earlier today. Graham Holdings is an education and media company whose principal operations include educational services, television ...
April 1, 2014, Covington E-Alert
July 8, 2013, Covington E-Alert
COVID-19: Legal and Business Toolkit
We are helping clients around the world navigate this evolving, complex situation.