Thomas E. Hogan

Partner

Washington, D.C.
T +1.202.861.1577
F +1.202.861.1783

Overview

Tom Hogan represents clients in complex commercial, environmental and administrative law litigation. Tom also advocates for clients in their dealings with regulators and counsels them on proactively managing potential liabilities. Additionally, he regularly advises clients on Hart-Scott-Rodino (HSR) premerger notification and antitrust clearance at the Federal Trade Commission and Department of Justice.

Tom has been recommended for environmental litigation and antitrust by The Legal 500 (2019) and rated AV Preeminent®, the highest peer review rating available, in the Martindale-Hubbell register for lawyers. He twice served on the Law360 Environmental Editorial Advisory Board, and is a co-author of Mergers and Acquisitions in the United States: A Practical Guide for Non-U.S. Buyers (Aspen Publishers).

Select Experience

Environmental Matters
  • Representing groups of Potentially Responsible Parties (PRPs) at sites on the CERCLA National Priorities List (NPL).
  • Represented multiple companies in a mass tort lawsuit alleging exposure to hazardous substances in California.
Commercial and Other Matters
  • Defended drug compounding outsourcing facilities in unfair competition lawsuits implicating Section 503B of the Food Drug & Cosmetic Act (FD&C Act).
  • Served on the trial and appellate teams for a global engineering company in an indemnity case arising out of the  explosion of a food manufacturing plant in Garner, North Carolina. The jury returned a verdict of $108.9 million in favor of the client. The National Law Journal recognized the verdict as a “Top 50 Verdict” of 2016 in its Elite Trial Lawyers report. The Nebraska Supreme Court affirmed the judgment in 2018.*

*Prior results do not guarantee a similar outcome.

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Experience

Environmental Matters
  • Representing groups of Potentially Responsible Parties (PRPs) at sites on the CERCLA National Priorities List (NPL).
  • Represented multiple companies in a mass tort lawsuit alleging exposure to hazardous substances in California.
  • Representing the Port of Portland concerning alleged Natural Resource Damages (NRD) under CERCLA at the Portland Harbor Superfund Site.
  • Represented multiple companies in connection with a federal criminal investigation alleging violations of the Resource Conservation and Recovery Act (RCRA) and the Hazardous Materials Transportation Act (HMTA).
  • Represented transportation company in lawsuit by Los Angeles County alleging violations of Unfair Competition Law (UCL) and California Hazardous Waste Control Law (HWCL).
  • Represented a recycling company in connection with the investigation and enforcement action by a state environmental agency concerning hazardous waste.
  • Represented manufacturer in RCRA administrative enforcement action by EPA.
  • Represented manufacturer in OSHA enforcement litigation matter involving fatality at client’s facility.
  • Represented a New England farm regarding alleged violations of Section 404 of the Clean Water Act (CWA).
  • Defended the first permitted U.S. utility-scale offshore wind project against litigation challenging the federal government’s approval under the National Environmental Policy Act (NEPA), the Outer Continental Shelf Lands Act (OCSLA) and the National Historic Preservation Act (NHPA).
  • Represented an energy services company in proactive litigation against its environmental regulator to compel the approval of the company’s plan for managing onsite hazardous wastes.
  • Represented a recycling association opposing a lawsuit petitioning for regulation under the Toxic Substances Control Act (TSCA).
  • Defended a global defense and technology company against CERCLA claims regarding contamination at a municipal park in New York.
  • Defended a steel manufacturer in defeating challenges to the issuance of its Clean Air Act permit in connection with the construction of a new steel mill. 
Commercial and Other Matters
  • Defended drug compounding outsourcing facilities in unfair competition lawsuits implicating Section 503B of the Food Drug & Cosmetic Act (FD&C Act).
  • Served on the trial and appellate teams for a global engineering company in an indemnity case arising out of the  explosion of a food manufacturing plant in Garner, North Carolina. The jury returned a verdict of $108.9 million in favor of the client. The National Law Journal recognized the verdict as a “Top 50 Verdict” of 2016 in its Elite Trial Lawyers report. The Nebraska Supreme Court affirmed the judgment in 2018.*
  • Represented international ocean shipping carrier in civil antitrust litigation.
  • Representing international hotel chain in multi-district litigation brought over data security incident.
  • Represented promotional products company in U.S. Department of Justice (DOJ) criminal antitrust investigation.
  • Represented pharmaceutical company in Administrative Procedure Act (APA) litigation with Food and Drug Administration (FDA) regarding drug compounding under Section 503B of the FD&C Act.
  • Secured a court order for confidential discovery from the Executive Office of the White House in a defamation lawsuit.
  • Represented policyholders in insurance coverage disputes.

*Prior results do not guarantee a similar outcome.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2018 to 2020)
    • Recommended in Environment Litigation (2019 to 2020)
    • Recommended in Antitrust - Civil Litigation/Class Actions: Defense (2018 to 2019)
  • Martindale-Hubbell: AV Preeminent
  • Washington, D.C., Super Lawyers "Rising Star" (2013 to 2016)

Memberships

  • Law360: Environmental Editorial Advisory Board (2015, 2016)
  • American Bar Association: Environment, Energy, and Resources Section
  • Bar Association of the District of Columbia
    • Environment, Energy and Natural Resources Section
    • Antitrust and Consumer Law Section

Prior Positions

  • Law Clerk to the Honorable Ronald Lee Gilman, U.S. Court of Appeals for the Sixth Circuit

Admissions

  • U.S. Court of Appeals, Second Circuit, 2009
  • U.S. District Court, Southern District of New York, 2006
  • U.S. District Court, Eastern District of New York, 2005
  • U.S. District Court, District of Columbia, 2005
  • U.S. Court of Appeals, District of Columbia Circuit, 2013
  • U.S. Court of Appeals, Ninth Circuit, 2021
  • District of Columbia, 2005
  • New York, 2004

Education

  • J.D., University of Michigan Law School, 2003; Managing Editor, Michigan Law Review; Moot Court: Best Oralist and Finalist
  • A.B., Brown University, 1998

Blog

In The Blogs

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Pillar and Post: Energy Law in the 21st Century
IRS Provides Initial and Limited Guidance on Newly Reinstated ‘Superfund Tax'
By Cory N. Barnes, Thomas E. Hogan, Nicholas C. Mowbray
January 20, 2022
Last month, the IRS published Notice 2021-66, issued in response to the Infrastructure Investment and Jobs Act’s (Jobs Act) reinstatement of the previously expired “Superfund Tax”—an excise tax imposed on manufacturers, producers, and...
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