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Legislation

Cleveland State University

Environmental Protection Agency

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Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo Jan 1998

Ozone Transport And The Clean Air Act: The Answers Are Blowin' In The Wind, Shari R. Desalvo

Cleveland State Law Review

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 …


The Epa's Discretion To Regulate Acid Rain: A Discussion Of The Requirements For Triggering Section 115 Of The Clean Air Act, Stuart N. Keith Jan 1988

The Epa's Discretion To Regulate Acid Rain: A Discussion Of The Requirements For Triggering Section 115 Of The Clean Air Act, Stuart N. Keith

Cleveland State Law Review

Acid rain does not respect political boundaries; the problem of acid rain has had a devastating effect on human health and the environment of the northeastern United States as well as the area across the Canadian border. Recognizing the implications of trans-boundary air pollution problems such as acid rain, Congress amended section 115 of the Clean Air Act to permit the Administrator of the Environmental Protection Agency to order the reduction of air pollution menaces emanating from the United States which affect foreign nations. New York v. Thomas is the first major case to interpret section 115 and it will …