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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, and the Endangered Species 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
- Co-author of an extensive white paper analyzing the Renewable Fuel Standard's RIN market and EPA's potential market rule changes.
- 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.
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 ...
June 24, 2019, Inside Energy & Environment
The Supreme Court’s June 24 decision in Food Marketing Institute v. Argus Leader Media has significantly expanded the confidential commercial information protected from disclosure under the Freedom of Information Act (“FOIA”)—an issue that recurs repeatedly with respect to information submitted to EPA and other environmental regulatory agencies. At issue in ...
June 12, 2019, Inside Energy & Environment
On June 11, 2019, President Trump issued an Executive Order that would require the Department of Agriculture, the Environmental Protection Agency, and the Food and Drug Administration—the three main agencies with regulatory authority over genetically-engineered (“GE”) plants and animals in the United States—to revise their regulations governing GE organisms. ...
June 5, 2019, Inside Energy & Environment
On June 6, 2019, the Animal and Plant Health Inspection Service (APHIS) proposed a significant restructuring of the agency’s regulations governing genetically-engineered organisms. Public comments on the proposal are due by August 6, 2019. APHIS’s proposed changes, which will increase the number of genetically-engineered organisms that may be produced without ...
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.
February 22, 2019, Inside Energy & Environment
EPA published today in the Federal Register its final rule governing hazardous waste pharmaceuticals. This rule adopts a novel scheme under the Resource Conservation and Recovery Act (“RCRA”) for the management of hazardous waste pharmaceuticals that are discarded by healthcare facilities or managed by “reverse” distributors. It also applies to other types of ...
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.
January 4, 2019, Inside Energy & Environment
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 regulates pesticides pursuant to its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136 et seq. “Pesticides” are broadly ...
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 ...
June 10, 2015, Inside Energy & Environment
EPA has scheduled a stakeholder meeting in Washington, D.C. on June 11 to discuss its proposed nanoscale materials rule under the Toxic Substances Control Act (TSCA). The proposed rule would require manufacturers of nanoscale materials to provide EPA certain information, including health and safety-related information, regarding their nanoscale materials. ...
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
March 24, 2014, Inside Energy & Environment
EPA’s Environmental Appeals Board has rejected the Sierra Club’s attempt to require certain greenhouse gas (GHG) limits in a preconstruction permit for a new natural gas power plant, in one of the first EAB decisions to address this issue. In re: La Paloma Energy Center, LLC, PSD Appeal No. 13-10 (EAB Mar. 14, 2014). In...… Continue Reading
January 10, 2014, Inside Energy & Environment
EPA has formally proposed restrictions on carbon dioxide emissions from new power plants, which include a requirement that new fossil fuel-fired plants implement partial carbon capture and sequestration. EPA published the proposal in the Federal Register on January 8, 2014. 79 Fed. Reg. 1,430 (Jan. 8, 2014). Comments on the proposal are due by March...… ...
December 9, 2013, Inside Energy & Environment
On December 4 and 5, EPA’s Science Advisory Board (SAB) discussed whether to review the scientific basis for EPA’s requirement that new coal-fired power plants implement partial carbon capture and sequestration (CCS), which is included in EPA’s recently-proposed rule for such power plants. See Standards of Performance for Greenhouse Gas Emissions from New ...
July 8, 2013, Covington E-Alert