Electronics
Beveridge & Diamond, P.C. has worked extensively with clients in the electronics industry on existing and proposed environmental requirements affecting company operations and products. Our current clients include major trade associations as well as a number of original equipment manufacturers, semiconductor manufacturers and other electrical and electronic component and equipment manufacturers.
We have counseled clients in the industry on a wide range of strategic and compliance issues related to environmental, health and safety matters arising under U.S. federal and state law, as well as the laws of other countries. Our work has ranged from traditional chemical and hazardous waste regulatory requirements to emerging product take-back laws, material bans, and other product stewardship measures. We have been heavily involved on behalf of the industry on international environmental product stewardship matters arising under the Basel Convention and related Organization for Economic Cooperation and Development (OECD) Council decisions governing the transboundary movement of wastes, including end-of-life electronic equipment.
We have also represented clients in the electronics industry on a wide range of enforcement matters related to pollution control and the disposition of used electric and electronic equipment under U.S. law. We routinely track and advise clients on anticipated and existing legal measures in the U.S. and in other countries. Some of our recent experience counseling the electronics industry includes:
Electronic Scrap Recycling. The Firm has, for a number of clients, analyzed the federal and state rules governing the transportation and recycling of used electrical and electronic equipment. This work includes ongoing monitoring of evolving federal and state rules and interpretations concerning the management of waste computers and monitors under the Resource Conservation and Recovery Act (RCRA) and its state counterparts. We have also defended clients in enforcement actions brought by EPA regarding the proper management of used electrical and electronic equipment.
Universal Waste Rule Tracking. For a large manufacturer of electrical and electronic products, the Firm has been tracking and analyzing federal and state developments related to the “universal waste rule,” which reduces the otherwise applicable regulatory requirements for handlers and transporters of certain ubiquitous hazardous wastes (e.g., batteries, thermostats, and lamps) under RCRA and its state counterparts.
Emerging State Product Stewardship Legislation. The Firm continues to track and analyze emerging state product stewardship legislation. This work has included compliance counseling as well as detailed assessments of potential legal challenges to new state initiatives.
Product Take-Back Legislation. The Firm routinely tracks and advises a number of U.S. and foreign clients on product stewardship initiatives in the European Community, Asia, and Latin America. This has included the preparation of detailed analysis and practical advice on existing national electronic take-back and recycling measures in Europe as well as the significance of the recently proposed European Community directives on waste electrical and electronic equipment and restrictions on the use of certain hazardous substances in electrical and electronic equipment.
Batteries and Other Products. We represented a client in obtaining the first EPA certification of an alternative label under the Mercury-Containing and Rechargeable Battery Management Act, and provided advice on other aspects of the Act's requirements.
Chemical Prohibitions and Regulation in the U.S. We have a broad and active Toxic Substances Control Act (TSCA) practice and are well-equipped to advise clients on all aspects of U.S. chemical regulation, including potential chemical bans or restrictions. We have advised and represented clients in connection with chemical bans under U.S. federal and state regulatory programs such as the regulation of lead, mercury and other persistent, bioaccumulative and toxic substances (PBTs), ozone-depleting substances under the Montreal Protocol and Clean Air Act and the regulation of volatile organic compounds (VOCs) in consumer products under the Clean Air Act.
DfE/Product Stewardship. We monitor Design for the Environment (DfE) and product stewardship trends and developments at the state, national and international level, typically in response to particular client inquiries relating to issues associated with their industries. We also monitor and advise clients on various initiatives (e.g., environmental labeling and procurement of “environmentally preferable products”) intended to prompt voluntary industry efforts to design and manage products so as to reduce adverse environmental effects.
Chemical Bans and Restrictions. The Firm has advised the electronics industry and other clients on a wide range of chemical regulatory issues in Europe. Our work has included the preparation of detailed chemical import and export audit protocols; assessments of existing and planned initiatives aimed at developing new chemical inventory and notification schemes and restrictions on the production or use of certain toxic chemicals and heavy metals; and the listing of electrical and electronic equipment as regulated wastes.
Imports and Exports. The Firm has advised clients on a wide range of issues related to the proposed import and export of new and used electronic equipment, components and consumables for recycling. This work has included advice on the requirements of RCRA and its state counterparts, the Basel Convention and related U.S. bilateral agreements.
