CEA concedes that filing a lawsuit to block New York City from en...

Brugge, the association’s vice president for environmental affairs and industry sustainability. But “given the July 31 deadline for submitting plans” to the city on e-waste collections, “coupled with the enormous fees associated with not filing the plans, we were left with no option but to file the lawsuit,” he said. “We continue to be open and available to discuss with the city a more reasonable and effective recycling solution for New York City residents.” The suit has achieved CEA’s goal of blocking enforcement of the law: The city Department of Sanitation has agreed not to crack down on manufacturers that don’t file collection plans for at least 30 days after any rejection of CEA’s motion for a preliminary injunction. With a court hearing put off at least a month from the scheduled Oct. 23 date, collection plans probably won’t have to be filed until well into December if a judge denies the manufacturers’ motion. But the companies still would need to file their plans at the peak of the holiday selling season or risk fines of $1,000 a day. Asked whether manufacturers are preparing for that possibility, Brugge said CEA is “confident that the court will find various provisions of the New York City e-waste law and regulations unconstitutional,” as the association’s July 24 complaint contended. “However, in the event the industry is required to develop plans in accordance with the existing or modified law and regulations, our member companies are prepared to comply, albeit at a significant cost and impact to the environment.”