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Saturday, July 25, 2009

Environment - "Electronics Industry Sues to Block Recycling Law"

From the NYT City Room Blog yesterday, an item by Jennifer Lee that begins:

Industry groups filed a lawsuit on Friday to block New York City’s new electronics recycling law from taking effect next Friday.

The law, passed in March 2008 by the City Council and finalized in regulations that the Department of Sanitation issued in April, requires manufacturers to take back their electronics, and provide pick-up service for items weighing 15 pounds or more. Starting in 2010, consumers will face a $100 fine for throwing old computers, televisions and other gadgets into the trash. Manufacturers who fail to recycle merchandise returned to them could be fined for each violation.

The lawsuit, which was jointly filed by the Consumer Electronics Association and the Information Technology Industry Council in United States District Court in Manhattan, challenges numerous aspects of the law and regulations. The suit argues, among other things, that the law would improperly affect products made before the law took effect, that the pick-up requirement would be overly burdensome, and that the law would force companies to collect products that they may not have made. The suit also raises constitutional issues, asserting that the City Council’s action amounts to an illegal effort to regulate interstate commerce.

“This is unique in the world, this series of requirements that New York is trying to impose,” said Rick Goss, vice president of environment and sustainability for the Information Technology Industry Council.

Parker Brugge, vice president of environmental affairs and energy sustainability for the Consumer Electronics Association, said, “It could force a number of companies out of the New York City marketplace or into bankruptcy.”

The two groups have hired Beveridge and Diamond, a law firm that specializes in environmental cases, to handle the lawsuit.

However, others note that this law is similar to those passed in other states, as electronics recycling has become a national concern. Bill de Blasio, a Brooklyn councilman who is running for public advocate and sponsored the legislation, countered, “Our electronics recycling law is a national model, and reflects the high standards that have already been set in jurisdictions such as Minnesota and Indiana.”

Indiana? Yes, the 2009 General Assembly enacted HEA 1589, now codified as IC 13-20.5, Electronic Waste.

Posted by Marcia Oddi on July 25, 2009 09:57 AM
Posted to Environment