Cities Fear New York E-Waste Lawsuit Threatens California Effort

Date: November 16, 2009

Source: News Room

Local governments in California are urging industry associations to drop a federal lawsuit challenging a New York City law mandating companies to establish electronic waste (e-waste) takeback programs, fearing that a successful legal challenge could doom efforts to advance California legislation. Groups backing similar proposed laws in California say the litigation, which challenges the constitutionality of New York City's program, could jeopardize similar efforts, often referred to as "extended producer responsibility" (EPR), in California and other states.

Industry groups filed the lawsuit in U.S. District Court in July challenging the constitutionality of many core aspects of the New York City product stewardship law arguing that the law improperly controls commerce in other states, burdens interstate commerce and violates the equal protection and due process clauses of the Constitution, among other things.

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