B&D's experience with EPR laws began with our pioneering work with the electronics sector over two decades ago. Our Electronics & IT group represents electronics manufacturers, semiconductor manufacturers, data center operators, telecommunications service providers, and industry trade associations—on the full spectrum of environmental compliance, market access, supply chain, and enforcement matters. We understand what is required to market electronic products globally. Our extensive work for the sector also includes helping establish corporate policies and due diligence programs to drive responsible sourcing and supply chain standards for metals, including 3TG (tin, tantalum, tungsten, and gold) and emerging metals of concern.

Representative examples of our electronics EPR work include:

• Advising leading electronics companies on product take-back programs and the management of end-of-life products, including environmentally responsible disposal or recycling.
• Performing a worldwide review of electronics, battery, and packaging EPR regulations and analyzing their applicability to an electronics manufacturer’s product line.
• Researching and cataloging the compliance obligations of all national and state or provincial electronics, battery, and packaging EPR regulations worldwide to support an electronics manufacturer’s compliance programs.
• On behalf of leading U.S. electronics trade groups, successfully challenging New York City’s electronics recycling and product takeback mandates, persuading the City to voluntarily suspend implementation of the recycling ordinance, and supporting advocacy that resulted in statewide legislation for electronics recycling that preempted the City’s onerous takeback regulations.
• Representing the Information Technology Industry Council in international Basel Convention and Organization for Economic Co-operation and Development negotiations on the control of used electronic equipment exported for repair, refurbishment, and recycling.
• Representing CTIA in negotiations under the Basel Convention on the classification and environmentally sound management of mobile phones under a first-of-its-kind Mobile Phone Partnership Initiative (MPPI).
• Advising leading information and communication technology companies on circularity strategies, including compliance with waste shipment controls and trade bans arising under the Basel Convention, EU legislation, and related international agreements that inform waste import and export controls.
• Counseling a leading consumer electronics company on strategies for minimizing trade frictions on international shipments of used products for repair and reuse.
• Authoring advocacy letters and comments on behalf of a Canadian electronics trade association for submission to federal and provincial agencies in response to proposed EPR, energy efficiency, and material restrictions legislation and implementing rules.
• Counseling several electronics companies on the applicability of EPR obligations to their products in Brazil, Canada, Chile, Colombia, Costa Rica, and Mexico.
• Tracking the development of EPR legislation throughout the Americas for U.S. and Japanese electronics trade associations.