How the European Union's Weee & Rohs Directives Can Help the United States Develop a Successful National E-Waste Strategy
By Aaron Ezroj
INTRODUCTION
Electronic waste, commonly referred to as “e-waste,” is one of the most toxic and fastest growing sources of municipal waste. Technology is developing rapidly, products are becoming cheaper, and as consumers purchase the newest and trendiest items, they are discarding their older products in record numbers. Consumers hardly ever ask important questions, such as where their waste goes, what chemicals are in their waste, and whether these chemicals will harm other human beings or the environment.
This is tragic not only because e-waste contains dangerous chemicals, the improper handling of which harms people and the environment, but also because these harms are preventable. Citizens of the U.S. are uniquely positioned to demand more from product manufacturers and from our federal government. We are the largest consumer market in the world and our federal government has expansive powers and bureaucracies to regulate environmental matters. Uniform regulations could be made and enforced. Instead, while our European counterparts aggressively legislate on collection and recycling programs and bans on the transboundary shipment of waste, federal legislators have done little to nothing. Worse, well-intended state legislators have implemented their own e-waste legislation. This has further complicated the e-waste problem, as state governments are ill equipped to decide on and regulate a matter that is national, perhaps even international, in scope.
In this article, I discuss the potential for a U.S. national e-waste strategy. First, I outline the problem of e-waste. Second, I discuss state versus federal action and the arguments in support of each, generally in regard to environmental legislation and specifically in regard to e-waste. Third, I examine current state e-waste laws, highlighting their differences, and explaining the necessity of a national e-waste strategy. Fourth, I look at the European Union's (EU) e-waste strategy that was developed nearly a decade ago when the EU faced concerns similar to those faced by the U.S. today. Finally, I make recommendations for a national e-waste strategy, drawing strengths from the EU's e-waste strategy and strategies undertaken by different U.S. states.
Electronic waste, commonly referred to as “e-waste,” is one of the most toxic and fastest growing sources of municipal waste. Technology is developing rapidly, products are becoming cheaper, and as consumers purchase the newest and trendiest items, they are discarding their older products in record numbers. Consumers hardly ever ask important questions, such as where their waste goes, what chemicals are in their waste, and whether these chemicals will harm other human beings or the environment.
This is tragic not only because e-waste contains dangerous chemicals, the improper handling of which harms people and the environment, but also because these harms are preventable. Citizens of the U.S. are uniquely positioned to demand more from product manufacturers and from our federal government. We are the largest consumer market in the world and our federal government has expansive powers and bureaucracies to regulate environmental matters. Uniform regulations could be made and enforced. Instead, while our European counterparts aggressively legislate on collection and recycling programs and bans on the transboundary shipment of waste, federal legislators have done little to nothing. Worse, well-intended state legislators have implemented their own e-waste legislation. This has further complicated the e-waste problem, as state governments are ill equipped to decide on and regulate a matter that is national, perhaps even international, in scope.
In this article, I discuss the potential for a U.S. national e-waste strategy. First, I outline the problem of e-waste. Second, I discuss state versus federal action and the arguments in support of each, generally in regard to environmental legislation and specifically in regard to e-waste. Third, I examine current state e-waste laws, highlighting their differences, and explaining the necessity of a national e-waste strategy. Fourth, I look at the European Union's (EU) e-waste strategy that was developed nearly a decade ago when the EU faced concerns similar to those faced by the U.S. today. Finally, I make recommendations for a national e-waste strategy, drawing strengths from the EU's e-waste strategy and strategies undertaken by different U.S. states.
