Gene Drive: Modern Miracle or Environmental Disaster

K. Brooks,  Journal of Law, Technology and Policy,  2020.

This Note seeks to demonstrate the inconsistent nature of the existing legal framework that regulates genetically engineered animals in the United States, as well as establish that the best way to overcome these challenges is to modify the existing law governing the regulation of genetically engineered animals. The Note will begin with a background of the recent boom in the biotechnology industry which gave rise to the Coordinated Framework for the Regulation of Biotechnology, and it will include a description of engineered gene drive technology—one of the more recent developments in genetic engineering. In
the Analysis, this Note will show how gene drive technology fits imperfectly into the old regulatory framework through case studies. The Analysis will also describe how the different regulatory agencies handle similar gene drive-like organisms inconsistently, and the inherent danger of this approach considering
upcoming developments in the field. Finally, the Recommendation will outline actions that Congress, the courts, and agencies should take to avoid the serious pitfalls currently risked under the Coordinated Framework.

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