Nanotechnology, the science and technology of controlling matter at the nanoscale, could significantly impact many industries from computer science to pharmaceuticals. Many applications of nanotechnology have yet to become commercially available, but already hundreds of nano products, or products that contain materials that are one nanometer (a billionth of a meter) to 100 nanometers in size, are in the marketplace. These nano products range from paints to cell phones to digital cameras. Today, more than 800 manufacturer-identified consumer products incorporating nanotechnology are available on the market. In addition, there are countless other commercial and industrial applications of which the public and policymakers are not even aware.
Little is known, however, about the risks associated with the manufacture, use, and disposal of nano products and nanomaterials. Knowledge of the chemical properties of a substance when in bulk may not help predict how that substance will behave at the nanoscale. Recent studies indicate that some nanomaterials can penetrate individual cells, deposit in organ systems, and trigger inflammatory responses. There is a growing concern that nanotechnologies are not being assessed from a lifecycle or “cradle to grave” perspective and that existing regulatory monitoring is not adequate to provide robust oversight mechanisms to ensure the safe use of nanotechnologies. There is a growing body of environmental law literature which speculates that without a revamped set of federal standards, the full benefits of nanotechnology may never be realized, and there may be some serious setbacks in the growth of this sector.
ScottMadden and Alston + Bird have jointly developed a robust nanotechnology assessment tool that helps nanotechnology companies, private equity firms, and users of nanomaterials to evaluate the level of environmental compliance and assess the risk management plan of developing nano-tech companies. The methodology examines adequacy of the existing risk management plans, determines whether nanomaterials are being treated from a lifecycle perspective, identifies gaps in process, documentation, and data controls and provides clear and concrete recommendations for improvement.
