The Hidden Cost of Prosperity: Transboundary Mercury Pollution, the United States, and China
Editor's Summary: The largest portion of global mercury emissions comes from Asia, in particular China. Because mercury and its compounds are highly mobile and move with prevailing wind currents, China's failure to regulate mercury emissions provides ample reason for worry in the United States. In March 2005, the United States promulgated the Clean Air Mercury Rule (CAMR) to regulate mercury emissions from coal activities. Yet any reductions achieved under the CAMR program may be offset by China's economic plans and energy needs. Thus, the global nature of mercury emissions requires a comprehensive, global solution. In this Article, Chris Barraza examines current U.S. regulatory mechanisms for controlling mercury, including the CAMR, and how they fare with regard to this complex, global problem. He argues that although the cap-andtrade program established by the CAMR potentially will reduce mercury emissions from coal utilities while also protecting economic growth and stability, the creation of a trading mechanism for hazardous and potent neurotoxins is not good policy. Instead, he concludes that a cost-blind, technology-based standard is more appropriate. Further, because any reductions made in the United States could be offset by emissions produced globally, he argues that the U.S. Environmental Protection Agency should account for global loading when promulgating caps and standards. In the meantime, China, for its part, must enforce existing laws and continue to improve enforcement efforts. The author also explores ways in which the United States should work with China to bilaterally reduce mercury emissions.