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NRDC Report Claims U.S. Has Failed to Protect Citizens from Nanomaterials

By Lynn L. Bergeson on May 24, 2007
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On May 15, 2007, the Natural Resources Defense Council (NRDC) issued a report entitled Nanotechnology’s Invisible Threat: Small Science, Big Consequences, which claims that the U.S. government has failed “to use its authority to protect citizens from the potentially dangerous effects of nano-scale chemistry.”

NRDC proposes a three-part framework for regulating nanomaterials, and based the framework on a precautionary approach to managing toxic chemicals:

  • Prohibit the unsafe or untested use of nanomaterials. Because preliminary data demonstrate the potential for toxicity, unsafe or untested nanomaterials should not be used in a manner that may result in human exposures or environmental releases over the life cycle of the material.
  • Conduct full life cycle environment, health, and safety impact assessments as a prerequisite to commercialization. Robust testing is urgently needed to identify potential risks early in development, across the life cycle of the material. The results of testing should be made available to the public.
  • Facilitate full and meaningful participation by the public and workers in nanotechnologies development and control; consider the social and ethical impacts of nanotechnologies. The potential of nanotechnologies to transform the global social, economic, and political landscape means we must move the decision making out of corporate boardrooms and into the public realm.
Photo of Lynn L. Bergeson Lynn L. Bergeson

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization…

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.

Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical hazard, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to conventional, biobased, and nanoscale chemicals, particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

She served as chair of the American Bar Association Section of Environment, Energy, and Resources, and has served in many Section leadership positions. She has served on the Board of Directors of the Environmental Law Institute, the NanoBusiness Commercialization Association, and the Product Stewardship Society, among other business and law organizations, and lectures and writes frequently on legal, regulatory, and science policy issues. Ms. Bergeson is also President of The Acta Group (Acta®), B&C’s scientific and regulatory consulting arm, which assists chemical and product manufacturers in marketing and sustaining their products globally, and President of B&C Consortia Management, L.L.C., which helps the chemical industry leverage resources and maximize impact by forming consortia to achieve shared research, testing, regulatory, and access goals.

According to the Chambers USA Guide: “The universally highly regarded Lynn Bergeson of Bergeson & Campbell, P.C. has developed an enviable reputation in chemical and pesticide regulatory work, with particular expertise in nanotechnology. ‘She is probably the premier pesticide lawyer in DC,’ notes one impressed commentator. Peers predict that she is set to become ‘one of the most important lawyers in America.'”

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  • Posted in:
    Environmental and Climate
  • Blog:
    Nano and Other Emerging Chemical Technologies Blog
  • Organization:
    Bergeson & Campbell, PC

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