Conflict in the air:
The near future of
Federalism and U.S. air
emissions regulation
“Air pollution causes about 200,000 early deaths each year in the United States.”
– Voice of America, 29 August 20131
S
o concluded a recent study by the Massachusetts Institute of Technology
(MIT) using 2005 data compiled by the U.S. Environmental Protection
Agency (EPA). According to MIT, the leading causes of fatal air pollution
are road transportation, precipitating roughly 53,000 premature deaths,
and electrical power generation units, causing another 52,000. 2 Governments
have responded to such unsettling statistics in part through increased regulation.
In March 2013, Enhesa reported that global environmental, health, and safety
(EHS) regulation has risen 35% over the past four years. 3 However, regulatory
areas such as air emissions have expanded more than others. Global regulation
of air emissions increased 26% between 2009 and 2012—the fourth highest rate of
change by regulatory area surveyed.4 While North America passed over 70 airrelated regulations in 2009, it adopted nearly 90 in 2012. Similarly, while Europe
passed almost 150 air-related regulations in 2009, it adopted nearly 180 in 2012.5
Clearly, air emissions regulation is on the rise in North America and throughout
the world.
(Continued on page 27)
26 | Enhesa Flash September 2013