This Note addresses the major provisions of the Clean Air Act that deal with the transport of ozone from one state to another. After an overview of the Act and specific sections dealing with ozone transport, the Note discusses the Environmental Protection Agency's (the "EPA") inconsistent interpretation and application of the Act, as exposed through the limited case law addressing this issue to date. Next, using the illustrative cases of Pennsylvania and Ohio, the Note discusses how Northeastern states are suffering economically and physically due to Midwestern pollution. This Note concludes that it is time for the EPA to stop avoiding the purpose behind the Clean Air Act and start helping all states to achieve at least minimum clean air standards. The inevitable result, surely consonant with the Congressional intent behind the 1990 Amendments, as well as the desires of all Americans, would be a healthier and more prosperous United States.
Note, Ozone Transport and the Clean Air Act: The Answers Are Blowin' in the Wind, 46 Clev. St. L. Rev. 355 (1998)