Anthony J. Giuliani
Practice Areas
- Corporate and Business Organizations
- Energy and Utilities
-
Environmental
- Clean Air Act Permitting and Enforcement
- Climate Change and Green Technology
- Commercial Transactions
- Enforcement and Criminal Defense
- Environmental Audits and Compliance Plans
- Environmental Litigation
- Real Estate Development
- Regulatory Matters
- Solid and Hazardous Waste
- Superfund
- Toxic Substances
- Underground Storage Tanks
- Utica/Marcellus Shales
- Water Law
- Litigation
Industries
Education
- The Ohio State University Michael E. Moritz College of Law, J.D., 1988
- The Ohio State University, B.A., 1985, with Honors
Bar & Court Admissions
Anthony is a partner in the Vorys Columbus office and a member of the energy and environmental group. His experience is in environmental law, including matters involving the Clean Air Act (CAA), the Clean Water Act, The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and The Resource Conservation and Recovery Act (RCRA). Anthony represents industrial clients in permitting of new and old sources, including New Source Review (NSR) and Prevention of Significant Deterioration (PSD) under the CAA. His practice also includes defense of enforcement cases brought by government agencies and individuals as well as counseling clients in transactional matters. It also involves successfully defending environmental permits that are administratively appealed by environmental groups that are opposed to the permitted projects.
Anthony has experience representing a client in developing and PSD air permitting of a $9 billion ethylene cracker plant. He also has experience representing energy clients in the development and permitting of large cryogenic processing and fractionation facilities serving the Utica Shale, as well as providing assistance with permitting of hydraulically fractured oil and gas wells in the Utica Shale. In addition, Anthony works with clients developing large renewable and alternative energy projects involving everything from environmental permitting, financing, renewable energy credits, permit appeals, construction and contracting. Those developments included biomass, ethanol, and large solar projects.
Anthony received his J.D. from The Ohio State University Michael E. Moritz College of Law. He received his B.A. with honors from The Ohio State University where he was a member of Phi Sigma Alpha. Anthony is the Chair of the Air Regulations Subcommittee of the Ohio Oil and Gas Association.
Representative experience:
- Anthony represented a company in the entirety of its PSD permitting of a $9 billion ethane cracker plant. That representation included the successful defense of the permit in an administrative appeal filed by several environmental groups opposed to the project.
- Anthony served as lead defense attorney in Ohio Valley Jobs Alliance, Inc. v. Butler and Southfield Energy Case No. 16-6886. The case involved OVJA’s attempt to revoke the air permit issued to a natural gas fired power plant that was valued in excess of $1 billion. OVJA appealed the air permit to ERAC based upon several allegations under the CAA. The defense was able to secure a dismissal at the hearing before ERAC.
- Anthony served as the lead defense attorney in Ohio Valley Jobs Alliance, Inc. vs. Butler and Harrison Power, LLC, ERAC Case No. 18-6960. The Ohio Environmental Review Appeals Commission (ERAC) granted summary judgment in favor of Harrison Power, LLC in an appeal filed by the Ohio Valley Jobs Alliance (OVJA). OVJA sought to revoke the air permit issued by the Ohio EPA for Harrison Power’s new $1 billion, 630-megawatt natural gas power plant which it is constructing in Harrison County, Ohio. Vorys also assisted with the initial development/construction and related issues and permitting of the power plant facility.
- Anthony is serving as the lead attorney on behalf of AMG Vanadium in the location, development and construction of a new vanadium manufacturing facility with a project value more than $300 million. Environmental work related to the project includes PSD permitting and due diligence. In addition, Anthony represents AMG Vanadium on a suite of environmental matters across their facilities.
- Anthony served as the lead environmental attorney in permitting and regulatory legal advice on the construction and operation of two cryogenic natural gas processing plants and one natural gas fractionation plant in Eastern Ohio with a combined capital cost of almost $1.5 billion. The permitting work included several plant expansions, Title V permitting and compliance work associated with federal and state regulatory requirements. This work included extensive interaction with the Southeast District Office of Ohio EPA and the Ohio EPA headquarters management, staff and legal counsel.
- For decades, Anthony has been the lead environmental attorney providing environmental regulatory and compliance counseling for all of Plaskolite’s facilities in North America. In addition, he has provided environmental due diligence transactional counseling related to Plaskolite’s acquisition of several industrial facilities across North America over the last 12 months, and the sale of control of Plaskolite to a private equity firm.
Professional and Community Activities
- Marcellus Shale Coalition, Member
- Ohio Oil and Gas Association, Chair, Air Regulations Subcommittee
- Energy and Mineral Law Foundation, Member
Honors & Awards
- The Best Lawyers in America, Environmental Law, 2020-2022
News
- 8/19/2021One hundred and sixteen lawyers from Vorys were recently selected by their peers for inclusion in the Best Lawyers in America® 2022 edition. In addition, 34 Vorys attorneys were named to the 2022 Best Lawyers in America “Ones to Watch” list.
- 8/20/2020One hundred and twelve lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in the Best Lawyers in America® 2021 edition. In addition, 26 Vorys attorneys were named to the inaugural Best Lawyers in America “Ones to Watch” list.
- 8/15/2019One hundred and thirteen lawyers from Vorys, Sater, Seymour and Pease LLP were recently selected by their peers for inclusion in The Best Lawyers in America® 2020.
- 12/5/2018The Ohio Environmental Review Appeals Commission recently granted summary judgment in favor of our client, Harrison Power, LLC, in an appeal filed by the Ohio Valley Jobs Alliance.
- 11/5/2015Anthony Giuliani, a partner in the Columbus office, was quoted in an Environmental Law360 story titled “Rulings Put Target On Plants Despite Clean Air Compliance.”
Events
- 3/27/2012Vorys partner Anthony Giuliani participated in the Sustainability and Environmental, Health & Safety Symposium on March 27, 2012.
- 3/15/2012Vorys partners Anthony Giuliani and Kristin Watt spoke at the Ohio Oil and Gas Association Winter Meeting on March 15. Greg Russell moderated the panel.
Insights
- 6/29/2021On June 28, 2021, the United States Environmental Protection Agency (USEPA) issued a proposed rule detailing new reporting requirements under section 8(a)(7) of the Toxic Substances Control Act (TSCA) for per- and polyfluoroalkyl substances (PFAS).
- 5/20/2021Ohio EPA has proposed rules that will require additional Volatile Organic Compound (VOC) and Nitrogen Oxide (NOx) emission controls for certain manufacturing and industrial operations located in the Cincinnati and Cleveland 2015 ozone nonattainment areas.
- 1/26/2021On January 20, 2021, the Ohio EPA’s Division of Air Pollution Control (DAPC) hosted a “Program Advisory Group” (PAG) meeting via Microsoft Teams to inform interested stakeholders of recent and upcoming DAPC activities.
- 10/23/2020Yesterday, on October 22, 2020, USEPA finalized the “Project Emissions Accounting” Rule for the New Source Review (NSR) permitting program.
- 10/6/2020On December 20, 2019, President Trump signed the National Defense Authorization Act for Fiscal Year 2020 (NDAA) into law.
- 10/5/2020This provides an important update to our January 2018 Client Alert regarding U.S. EPA’s ‘Once In, Always In’ policy for major sources of hazardous air pollutants (HAPs).
- 9/24/2020The following is a summary of USEPA’s newly promulgated rule establishing procedures for issuance of EPA guidance documents consistent with Executive Order (EO) 13891 “Promoting the Rule of Law Through Improved Agency Guidance Documents” (Oct. 15, 2019).
- 3/23/2020As the COVID-19 situation continues to evolve day by day, we recommend carefully reviewing each of your facilities’ environmental-related permits, orders, and other compliance obligations.
- 5/10/2018On May 4, 2018, U.S. EPA released an updated draft audit program agreement that will be available to new owners of oil and natural gas exploration and production facilities.
- 1/26/2018On January 25, 2018, U.S. EPA published a guidance document altering its long-standing position on major sources of hazardous air pollutants.
- 2/5/2016On January 29, 2016, USEPA proposed amendments to the petroleum and natural gas systems source category of the Greenhouse Gas Reporting Rule, 40 CFR Part 98, subpart W (GHG Reporting Rule).
- 12/8/2015On Dec. 3, 2015, the Ohio EPA issued an invitation to certain interested parties to begin discussions on how to address USEPA’s Notice of Deficiency for Ohio’s Startup, Shutdown and Malfunction (SSM) rules.
- 10/7/2015In September 2015, U.S. EPA published a Compliance Alert addressing compliance concerns regarding emissions from controlled storage vessels at oil and natural gas production facilities.
- 12/1/2014On November 26, 2014, U.S. EPA proposed a more stringent national ambient air quality standard for ozone. The Clean Air Act requires U.S. EPA to establish two air quality standards for ozone: a primary standard, to protect public health with an “adequate margin of safety”; and a secondary standard, to protect the public welfare. U.S. EPA’s proposal reduces the current primary and secondary ozone standard of 75 parts per billion (ppb) to a level that is proposed to be between 65 and 70 ppb.
- 11/14/2014On November 13, 2014, Ohio EPA issued draft amendments to the rules in OAC Chapter 3745-31 governing the Permit-to-Install New Sources and Permit-to-Install and Operate Program, including a new permit-by-rule (PBR) provision for emissions from horizontal well completion operations (OAC 3745-31-03(C)(2)(m)).
- 3/14/2014On March 10, 2014, U.S. EPA published proposed revisions and confidentiality determinations for the petroleum and natural gas source category of the Greenhouse Gas (GHG) Reporting Rule, 40 CFR Part 98, Subpart W. The proposed revisions to Subpart W include amendments of general applicability, revised calculation methods and reporting requirements for specified emission sources within the source category, and confidentiality determinations for the new and substantially revised data elements associated with the proposed amendments to the rule.
- 5/15/2013On May 1, 2013, the Ohio Environmental Protection Agency published notice of proposed revisions to its Best Available Technology (BAT) program.
- 3/26/2013On March 14, 2013, Representative Jared Polis (D-CO) introduced a bill (H.R. 1154) to amend the Clean Air Act (CAA) to eliminate the exemption for aggregation of hazardous air pollutants from oil and gas sources. CAA § 112(n)(4) currently prohibits the aggregation of emissions from "any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station."
- 2/1/2013The Ohio EPA has proposed a new exemption from its Stage II vapor recovery requirements for new gasoline dispensing facilities (GDFs) that install low permeation hoses and notify the Ohio EPA of their intent to comply with the requirements of the new rule.
- 12/12/2012The Ohio Supreme Court recently decided a case involving the appropriate method for calculating civil penalties for violations of an air permit. In State ex rel. Ohio Atty. Gen. v. Shelly Holding Co., Slip Opinion No. 2012 – Ohio – 5700 (Dec. 6, 2012), the Court was asked to determine whether a violation of an air permit could be considered a continuous violation until the permit holder demonstrated compliance.
- 11/14/2012The federal government is increasing requirements for oil and gas operators. Pursuant to the recently published New Source Performance Standards (NSPS) for the Oil and Natural Gas Sector, 40 C.F.R., Part 60, subpart OOOO, effective October 15, 2012, owners or operators of hydraulically fractured natural gas wells must notify USEPA not later than two days prior to commencing well completion operations.
- 5/4/2012Anthony J. Giuliani, a partner in the Vorys Columbus office, outlined the U.S. Environmental Protection Agency’s (EPA) proposed emission standards for chromium electroplating and anodizing facilities in an article published in the May 2012 edition of Products Finishing Magazine.
- 2/2/2012On February 1, 2012, the Ohio EPA issued its final general permit for oil and gas production sites. The general permit covers equipment used for production activities at Marcellus or Utica/Point Pleasant shale wells in Ohio.
- 1/18/2012Anthony J. Giuliani, a partner in the firm's Columbus office, analyzed the U.S. Environmental Protection Agency’s 1994 “Common Sense Initiative” in an article published in Products Finishing Magazine.
- 8/9/2011
- 7/13/2011