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98 Minn. L. Rev. Headnotes 96 (2013-2014)
Regulating Pollen

handle is hein.journals/headnotpan98 and id is 96 raw text is: Essay Regulating Pollen Brian Sawerst The most common allergen is pollen, and pollen causes the most common allergy, known as hay fever. While pollen aller- gies might appear to be the unavoidable cost of living with flowering plants, the suffering engendered by pollen allergies is largely our own creation. Plants will always flower, but people have built a world that increases the harm we suffer from pol- len. Reducing much of the human suffering caused by pollen al- lergies simply requires removing certain allergenic plants from cities and replacing them with less allergenic species near where we live and work. Instead, governments and nurseries have encouraged planting some of the most allergenic species in large numbers, even near our homes and schools. Several cit- ies already regulate allergenic plants, but government can do more to reduce pollen allergies. This Article proposes increased government regulation of allergenic plants as a low-cost method of reducing the suffering and the cost of pollen allergies. Private litigation is the more costly approach, but it could encourage additional regulation and do real good in a world suffering from pollen allergies. I. POLLEN ALLERGIES Nine percent of children and seven percent of adults report suffering from pollen allergies.' Pollen allergies motivate more t Visiting Assistant Professor, Ohio State University Moritz College of Law. J.D., Harvard; A.B., Duke. I would like to thank Tom Ogren. Copyright © 2014 by Brian Sawers. 1. BARBARA BLOOM, ROBIN A. COHEN & GULNUR FREEMAN, NAT'L CTR. FOR HEALTH STATISTICS, CTRS. FOR DISEASE CONTROL & PREVENTION, U.S. DEP'T OF HEALTH & HUMAN SERVS., SUMMARY HEALTH STATISTICS FOR U.S. ADULTS: NATIONAL HEALTH INTERVIEW SURVEY, 2011, at 11 tbl. 2 (2012); JEANNINE S. SCHILLER, JACQUELINE W. LUCAS & JENNIFER A. PEREGOY, NAT'L CTR. FOR HEALTH STATISTICS, CTRS. FOR DISEASE CONTROL & PREVEN- 96

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