Securing the Promise of Nanotechnology:
Is U.S. Environmental Law Up to the Job?

A Dialogue Sponsored by the
Environmental Law Institute and the Project on Emerging Nanotechnologies,
Woodrow Wilson International Center for Scholars

Choate Conference Room
Carnegie Endowment for International Peace
1779 Massachusetts Avenue, NW
Washington, DC

May 25 and 26, 2005

WEDNESDAY, May 25, 2005

1:00 Welcome and Introductions

• David Rejeski, Executive Director, Project on Emerging Nanotechnologies, Woodrow Wilson Center

1:10 Perspectives on Benefits and Risks of Nanotechnology Applications

• Larry Andrews, Ph.D., Chair, American Chemistry Council, Nanotechnology Panel
  Developing Nanotechnology: Perspectives on Benefits and Risks
• Kenneth A. Mundt, Ph.D., ENVIRON International Corporation
  Nanotechnology in the Workplace: Occupational Health Safety and the Environment
• Kristen Kulinowski, Ph.D., Center for Biological and Environmental Nanotechnology and International Council on Nanotechnology, Rice University; and Chair of ASTM Subcommittee E56.06 Nanotechnology Risk Management and Product Stewardship
  Biological and Environmental Nanotechnology: Applications and Implications
• John Balbus, M.D., MPH, Environmental Defense
  No Small Thing: Getting nanodevelopment right the first time

2:25 Applicability of U.S. Environmental Laws to Assess, Prevent and Control Risks of Nanotechnology

Toxic Substances Control Act

• Lynn L. Bergeson, Bergeson & Campbell, P.C.
  Applicability of U.S. Environmental Laws to Assess, Prevent, and Control Risks of Nanotechnology: TSCA
• Jim Willis, Office of Pesticides and Toxic Substances, U.S. Environmental Protection Agency
  Nanotechnology and the Toxic Substances Control Act
• Karen Florini, Attorney, Environmental Defense
  No Small Matter: Can TSCA Get Nano Right the First Time

3:45 Break

4:00 Utility of Media Programs under the Clean Air and Clean Water Acts, Alternative Multi-media Approaches, Assessment Authorities and Tools

• William F. Pedersen, PLLC
  Regulating Nanotechnology by Information Disclosure
• Mark Greenwood, Ropes & Grey
  Nanotechnology: Challenges to the Federal Regulatory System

5:00 Role of the federal Resource Conservation and Recovery Act and State Waste Programs

• Tracy Hester, Bracewell & Patterson, LLP
  RCRA and CERCLA in the New World of Nanoscale Materials
• Aaron Goldberg, Beveridge & Diamond, P.C.
  Present and Potential Future Classification of Nanomaterials as RCRA Hazardous Waste

6:15 Review of Next Day's Agenda and Adjourn

6:15-7:00 Reception

THURSDAY, May 26, 2005

8:30 Opening Remarks

• Leslie Carothers, President, Environmental Law Institute

8:40 Breakout Group Sessions: Adequacy of Existing Legal Framework

Are federal environmental laws and institutions adequate or readily adaptable to deal with nanotechnology? Why or why not? What do we need to know to decide whether the existing structure will work?

10:00 Break

10:15 Reports from Breakout Groups

11:15 Role of Voluntary Industry Initiatives and Guidelines

• Karen Florini, Attorney, Environmental Defense
  No Small Matter: Using Partnerships to Get Nano Right the First Time
• Kristen Kulinowski, Ph.D., Center for Biological and Environmental Nanotechnology and International Council on Nanotechnology, Rice University; and Chair of ASTM Subcommittee E56.06 Nanotechnology Risk Management and Product Stewardship
  Voluntary Standards: From Terminology to Stewardship

12:00 Luncheon - Learning Lessons from Biotech for Nanotech

• E. Donald Elliott, Wilkie, Farr & Gallagher
  Regulate Nano Now

1:00 Breakout Group Sessions: Governance Alternatives

What are the governance options and how should they be evaluated? (e.g., regulation, market incentives, disclosure of information, voluntary guidelines, reliance on common law remedies for harm, contracts, hybrid approaches.)

2:00 Reports from Breakout Groups and General Discussion

2:45 Summary and Next Steps

3:00 Adjourn