The perils of pre-emptive regulation

Authors argue that the city of Berkley made a mistake when its city council passed an ordinance that regulates nanoparticles. By requiring all businesses that use or produce nanoparticles (particles with one axis less then 100 nanometers) to make annual reports to the city's hazardous waste office, the authors contend that the city may have imposed an undue burden on these businesses. The article explores if the requirements of Berkley ordinance can be considered reasonable, if regulations should solely focus on manufactured nanoparticles, and exclude the regulation of other types, and if labeling nanoparticles as hazardous has the potential to stifle business development and lead to pointless litigation in the future.