Emerging Nanomaterial Governance Systems: The State of Play

Abstract

Domestic laws, their implementing regulations and policies, and government and private-party governance programs are now being carefully reviewed and revised to enhance their utility to manage the potential risks posed by nanoscale materials. Whether existing laws and their implementing programs are adequate to address such risks will continue to inspire debate and legislative and regulatory initiatives for years to come. This article reviews existing legal and governance oversight systems and analyzes their strengths and deficiencies in addressing the potential risks posed by nanoscale materials and in fostering nanotechnology's promise. Particular attention is devoted to emerging regulatory approaches the US Environmental Protection Agency is taking under the Toxic Substances Control Act and the Federal Insecticide, Fungicide, and Rodenticide Act, the two domestic chemical product laws primarily responsible for ensuring the safety of chemical substances and mixtures.