Five Regulatory Lessons from the REACH Directive

Abstract

The EU REACH directive was enacted at the end of 2006. It contains perhaps

the most rigorous testing requirements of any regulatory regime in the world. It

also requires registration of all existing and new chemicals produced or imported

in volumes of a ton or more per year per manufacturer or importer. This Directive

promises to transform the legal context of the chemical industry.

This article begins by discussing the difficulty of risk assessment and the very

mixed record of the United States in regulating toxics. It then discusses the

directive in more detail. Finally, the article suggests that five lessons can be drawn

from REACH: (1) the potential for international learning, which allowed the EU to

benefit from its own experiences as well as the American struggles with toxic

regulation; (2) the power of next generation environmental policies to mold

industry behavior; (3) the need to attack the tyranny of the status quo rather than

granting permanent regulatory exemptions to existing products and facilities, (4)

the need for open governance in crafting far-reaching regulatory changes; and (5)

the advantages of using supply-chain leverage to broaden the impact and

effectiveness of regulation.