Jumping the Pond: Transnational Law and the Future of Chemical Regulation

Just as domestic pollution can cause transnational externalities, domestic environmental regulation can create transnational ripple effects in other jurisdictions. In this article, the author shows how chemical regulation is about to be reshaped and reformed through the extraterritorial ripple effects of new European Union legislation. Contributing to both international law and environmental law scholarship, this article shows how transnational information flows can be harnessed to end the longstanding drought of data on chemical toxicity in the US. Part 1 of this article critiques the US chemical regulatory regime, arguing that a lack of toxicity testing and high statutory barriers to regulation have created a persistent data gap that has undermined public health and environmental protections. In Part 2 of this article, the author shifts to an analysis of transnational interactions in chemical regulation. Chemical regulation is therefore a case study in how transnational law and global information networks are shaping the future of American environmental law.