Legislation and Policy:
Industry's Lawsuit Against NY City E-Waste Law
Electronics Industry Attacks Product Stewardship with Lawsuit in New York City
July 24: The Consumer Electronics Association (CEA) and the Information Technology Industry Council (ITI) filed a lawsuit against New York City's e-waste recycling law on Friday, July 24, a week before a deadline for manufacturers to file plans.
New York City passed an e-waste ordinance in 2008. The ordinance was split into two parts, one establishing the program, and the other establishing goals for the program. The mayor signed the first, and vetoed the law establishing goals, but the Council overrode this veto on May 14, 2008.
The lawsuit challenges many aspects of the New York City program which it calls "onerous." But it also challenges the constitutionality of many core aspects of a product stewardship law.
Environmental group NRDC (a member of ETBC) has been a vigorous supporter of the city's new e-waste law. In a press release, Senior Attorney Kate Sinding commented, "It’s unfortunate that the nation’s leading manufacturers, hiding behind their trade associations, are trying to prevent this long overdue environmental program from taking effect."
State and local governments defend rights of states
Washington and Maine support New York law
October 9: Both Washington State and Maine provided affidavits in support of state producer responsibility laws, which were submitted as part of New York City's legal filings in the the electronics' industry's lawsuit against the rights of states/cities to mandate producer responsibility.
Local governments submit amicus brief defending New York law
November 4: Local governments have submitted an amicus brief, in support of the New York City law. A brief on behalf of the New York Association of Solid Waste Management, the City and County of San Francisco, the Metro (Portland OR) regional government, the New York Product Stewardship Council, and the Product Stewardship Institute was submitted on November 3, with a request for permission to file the brief in the court.
Local and state officials from 18 states call on industry to withdraw lawsuit
November 5: State and local officials from 18 states sent a letter to CEA and ITIC calling on these industry associations to withdraw their lawsuit against the New York City e-waste law, calling it a challenge to the states' rights to legislate producer responsibility. More.
Legal Papers Filed By Industry
Initial Complaint, filed July 24, 2009
August 7, 2009 Filings:
- Memorandum from Industry For Preliminary Injunction
- Notice of motion for preliminary injunction
- Declaration by Michael Murphy, attorney for the plaintiffs, supporting injunction
- M.Murphy exhibits 1-5, 6-10, 11-14
Declarations by the electronics companies and industry associations:
- ITAC
- LG Electronics
- Mitsubishi
- Panasonic
- Samsung
- Sharp
- Sony, Exhibits from Sony
- Totevision
- TTE (Thomson)
- Consumer Electronics Association (CEA)
- ITI
- Retailers (CERC), CERC exhibits
Declarations by individuals
- Eric Williams
- Daneil Butturini, MBA; Exhibits A, B, C, D
- Mohan Rao; Exhibits A, B
Legal Papers Filed by the City of New York
The City's papers were filed on October 9. (An extension was granted by the judge from the original Sept 9 deadline.)
City Filings Oct 9, 2009
Declarations and Exhibits
- Stacey Hodge, New York City Dept of Transportation
- Carole Cifrino, Maine Dept of Environmental Protection; Exhibit 1
- Yehuda Klein, Brooklyn College Dept of Economics
- Jay Shepard, Washington Dept of Ecology
- Lauren Axelrod, Assistant General Council, City of New York; Exhibits A-H, I-R, S-Z
- Robert Lange, Director of the Bureau of Waste Prevention, Reuse and Recycling of the New York City Department of Sanitation; Exhibits A-D, E
Legal Papers Filed by NRDC, Oct 9, 2009
NRDC filed to become a party to this case.
Declarations and Exhibits
- Kate Sinding, Senior Attorney
- Ex A - INT No 643
- Ex B1 - Testimony in support of INT 643
- Ex B2 - Testimony in support of INT 643
- EX C - INT No 104
- Ex D1 - Testimony in support of INT 104
- Ex D2 - Testimony in support of INT 104
- Ex D3 - Testimony in support of INT 104
- Ex D4 - Testimony in support of INT 104
- Ex E - INT 104-A
- Ex F1 - Testimony in support of 104-A
- Ex F2 - Testimony in support of 104-A
- Ex G - INT 728 and 729
Amicus Briefs Submitted Supporting The Defendants (City)
Letter requesting permission to file amicus brief on behalf of the New York Association of Solid Waste Management, the City and County of San Francisco, the Metro (Portland OR) regional government, the New York Product Stewardship Council, and the Product Stewardship Institute.
Plaintiff (Industry) Reply Papers Submitted Dec 4, 2009
Murphy (Attorney for plaintiffs) reply declaration - Part 1, Part 2, Part 3
Replies memos from electronics companies and industry associations:
- CEA
- LG (McGrady)
- Sharp (Marella) Part 1, Part 2
- Sony (Small)
- Totevision (Taraday)
- Panasonic (Thompson)
Replies from other individuals:
Amicus Briefs Supporting Industry
Two amicus briefs in support of the electronics industry have been submitted:
One amicus brief was filed by the National Assn of Manufacturers, the National Electrical Manufacturers Assn, the American Lighting Association, the Carpet and Rug Institute, the American Forest and Paper Assn, and the Business Council of New York State.
The other amicus brief was submitted by the Sanitationmens Association, IBT 831
Declaration and Exhibit A from Harry Nespoli, in support of the union brief.
Next: Oral Arguments scheduled for January 2010
