11/5/15

Giuliani Quoted in Environmental Law360 Story Titled “Rulings Put Target On Plants Despite Clean Air Compliance”

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Anthony Giuliani, a partner in the Columbus office, was quoted in an Environmental Law360 story titled “Rulings Put Target On Plants Despite Clean Air Compliance.”  According to the story, the Sixth Circuit recently rules that the Clean Air Act doesn't preempt state common-law claims, meaning that regulated industries (such as utilities) can face lawsuits and regulatory issues despite having all of the proper federal permits.

The story states:

“If the Supreme Court remains gun-shy, another option would be to convince Congress to amend the CAA, though that's a long shot given the partisan divide on Capitol Hill.

 In the meantime, regulated facilities will have to anticipate and address as many potential legal challenges related to their emissions as they can, even if they're not obligated to under the CAA, according to Vorys Sater Seymour and Pease LLP partner Anthony Giuliani.

‘You may need to go beyond just the permitting aspect of it to make sure that when you're designing facilities or pollution control equipment ... you're not impacting your neighbors,’ Giuliani said. ‘Compliance with your permit may not be enough.’”

To read the entire story, visit the Law360 website.  (Subscription required).