Maine officials join in call for electronics industry to withdraw e-waste lawsuit

 

Yarmouth, Maine – November 5, 2009  State Representative Melissa Walsh Innes joined with government officials from across the country today in calling on the electronics industry to withdraw its lawsuit against the New York City e-waste recycling law, describing the lawsuit as a direct challenge to state and local government efforts to protect public health and the environment.

 

In a letter to the Consumer Electronics Association (CEA) and the Information Technology Industry Council (ITIC), who filed the lawsuit, state and local government representatives from 18 states expressed their continued support for state and local laws that give the electronics manufacturers responsibility for financing effective takeback services for all the products they are selling in those states

 

 “While this lawsuit was filed against New York City, it’s a direct challenge to the ability of states like Maine to pass takeback laws, like the compact fluorescent lamp recycling bill that Maine enacted  this year,” said Rep. Innes, who co-sponsored the bill.  “Our recycling program is very successful and is serving the residents of Maine very well, and we hope the courts don’t undermine our work to protect our environment and public health.” 

 

Maine’s product stewardship laws for electronic waste - computers, TVs, printers, cell phones, mercury thermostats and lamps are innovative and effective success stories that are now national models.  These laws direct producers to fund the collection and recycling of their products at the end of the product’s useful life, promoting the sustainable reuse of materials and preventing the release of hazardous chemicals into the environment.  In addition, they reduce costs for local governments and taxpayers and create jobs through the collection and recycling of formerly discarded products.

                                             

 

The lawsuit, filed in U.S. District Court on July 24, argues that the New York City e-waste recycling law passed in April 2008 is unconstitutional. The City’s law requires the electronics companies to collect and recycle old electronic products. Nineteen states have passed laws similar to “producer takeback” laws, including Maine, which passed the first producer responsibility law for electronics in the country in 2004.

 

Rep. Innes expressed her concern for the burden that the growing wave of consumer product waste is causing for local governments.   As more and more products are deemed “hazardous” the state's response has been to ban them from disposal. 

“Unfortunately, the state-mandated bans must be enforced by local governments, and they just don’t have the money to do it,” explained Rep. Innes.  “It’s the classic unfunded mandate—a government directive without the resources to enforce it.  The intentions were good, but the responsibility is misplaced onto local governments.  To help with this issue, I am pleased to report that the Legislative Council has given approval to include my bill, “An Act to Provide Leadership, Tax Fairness and Responsible Recycling for Consumer Products” in the upcoming short session of the 124^th Legislature. 

 

This bill builds off the success of Maine’s product stewardship laws and establishes a process to systematically evaluate products for their impact on health, the environment, and local taxpayers through managing the products at the end of their useful life and sets out to create public/private partnerships to collect, reuse and recycle consumer products – starting with products that contain hazardous materials.   The bill seeks to protect Maine taxpayers from the rising costs of e-waste and other hazardous end-of-product-life management.”

 

The public statement by governments is not the only action taken recently to challenge the electronics industry’s lawsuit.  Earlier this week, local governments from New York State, Oregon and California and an independent government association (Product Stewardship Institute) submitted an amicus brief to the Court  – providing legal arguments challenging the industry claims in the lawsuit, and in support of New York City’s right to enact the producer takeback law.  Two states, Maine and Washington, have provided affidavits that were submitted as part of New York City’s defense. The Natural Resources Defense Council (NRDC) has also intervened in the case, in support of the City’s law, and is now a party to the case.

 

The oral arguments in the New York City lawsuit are expected to begin in late December.

 

For more information:  

 

Copy of the letter to the electronics industry:  http://tinyurl.com/withdraw-lawsuit

 

Copy of filings in the lawsuit: http://www.electronicstakeback.com/legislation/lawsuit_vs_nyc/lawsuit_vs_nyc.htm

 

For information on the Maine’s  e-waste laws /program: 

http://www.maine.gov/dep/rwm/ewaste

 

For information on all the state e-waste recycling laws: http://www.electronicstakeback.com/legislation/state_legislation.htm

 

Copy of New York City law: http://www.electronicstakeback.com/legislation/lawsuit_vs_nyc/LL%2013.pdf