Thomas Brugato

Thomas Brugato

Thomas Brugato is an associate in the firm’s Washington, DC office.  He focuses on litigation and environmental matters.  He regularly advises clients on a wide variety of environmental matters, including under the Clean Air Act, Clean Water Act, and CERCLA.

Subscribe to all posts by Thomas Brugato

Kisor v. Wilkie Creates Significant Uncertainties Regarding Deference to EPA

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 restrictions on when Auer … Continue Reading

Supreme Court Decision Expands Scope of FOIA’s Exemption for Confidential Information, with Significant Implications for EPA

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. … Continue Reading

President Trump Issues Executive Order Directing Significant Changes to the Regulation of Genetically-Engineered Organisms

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.  These changes follow closely on the … Continue Reading

APHIS Proposes Sweeping Revisions to the Regulation of Genetically-Engineered Organisms

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 undergoing APHIS review, are likely … Continue Reading

EPA Publishes Final Hazardous Waste Pharmaceuticals Rule, With Significant Implications for Pharmaceuticals and Product Recalls

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 products such … Continue Reading

Trump EPA Expands Rigorous Enforcement of Pesticide Law as Part of “Return to Core Mission”

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 defined … Continue Reading

EPA to Hold Public Meeting on Nanoscale Materials Proposed Rule

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.  Public comments are due by July … Continue Reading

EPA’s Environmental Appeals Board Rejects Attempt to Require Additional Greenhouse Gas Limits in a Natural Gas Power Plant Permit

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

EPA Proposes New Power Plant Carbon Dioxide Emissions Rules

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 … Continue Reading

EPA’s Science Advisory Board May Review EPA’s Proposed Rule Requiring Carbon Capture & Sequestration at New Coal-Fired Power Plants

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 Stationary Sources: … Continue Reading
LexBlog