Environmental Laws and Nanotechnology

There is currently a high degree of uncertainty surrounding the environmental impacts of nanotechnology. Most researchers agree that the near term risks of environmental contamination or catastrophe due to nanotechnology are relatively low because there are only a few products on the market. However, as the market expands, the risk of nanotechnology to the environment will grow. It is likely that national governments will enact environmental regulations to prevent widespread contamination and detrimental ecological and health effects.

Currently, most sectors of nanotechnology are developing with little specific regulation; products are being developed with an emphasis on entrepreneurship rather than public safety and environmental protection. Researchers and business interests have invested millions of dollars in nanotechnology research and fear regulations would slow the innovation process. Meanwhile, governments worldwide are experiencing conflicting responsibilities of protecting the public welfare and supporting their national economies. Nanotechnology is a global competition and regulation is often perceived as a barrier for nations to remain scientifically and technologically competitive. Historically, entrepreneurs initially resist regulation of new technological developments but eventually, governments pass safeguards to ensure public safety. For example, in the 1960s and 1970s the nuclear industry lobbied against regulations that would improve safety of nuclear power facilities because of the increased costs involved. Eventually the industry relented to increasing public pressure and the nuclear industry became a tightly regulated technological practice.

Exposure of workers to nanomaterials as well as the more widespread exposure of consumers to nanoparticles could very well lead to the introduction of new regulations or the modification of existing regulations to address nanotechnology safety and environmental impacts. Currently US regulations require material safety data sheets (MSDSs) for most nanoproducts and include restrictions that are identical to the bulk form of the constituents. However, nanomaterials behave differently than bulk materials and thus, the currently applied restrictions and safety measures may be ineffective or even increase the dangers of nanotechnology.

While specific regulation on nanotechnology has not been developed, studies to determine the toxicological effects are numerous. For example, researchers have increasingly examined the health and ecological effects of carbon nanostructures. Such studies involve significant amounts of time and money to assess the potential impacts and thus, it may be years before credible scientific data is available to support effective nanotechnology regulations.

In 1999, Eric Drexler’s Foresight Institute issued guidelines for molecular manufacturing to prevent events such as the hypothetical gray goo scenario and to create an ethical framework for nanotechnology development. The guidelines are presented in the form of self-assessment scorecards so nanotech practitioners, industry organizations, and regulatory agencies can document their safety policies and minimize risks associated with nanotechnology research and development. At the same time, the guidelines allow for current levels of nanotechnology research and development to continue.

In 2003, the ETC Group, a nanotechnology think tank, made news headlines when it called for a mandatory moratorium on nanotechnology laboratory research as well as a recall of all consumer goods that contain nanomaterials. The organization argued that a moratorium was necessary to avoid the exposure of scientists, workers, and consumers to nanomaterials with unknown health effects. In April 2006, German authorities recalled a bathroom cleaner called ‘Magic Nano’ after 77 consumers experienced severe respiratory problems when using the product. It is unclear if the product actually utilized nanomaterials or if the manufacturer was merely using the term ‘nano’ as a marketing tool, but it highlighted the risk of prematurely introducing products to the marketplace with unknown health effects.

Overall, the uncertainty of the health and environmental effects of nanotechnology may lead to regulations similar to existing environmental regulations. It is too soon to tell if existing regulations can be modified to include these new technologies or if entirely new regulations will be required that address the specific properties of nanotechnologies.

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Environmental Laws and Nanotechnology