That CE makers would bear ‘unconstitutional burdens’ if the court...
That CE makers would bear “unconstitutional burdens” if the court denies their preliminary motion and orders New York City’s e-waste program to take effect “is not a foregone conclusion,” two municipalities and three green groups said in an amicus…
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brief filed Tuesday that backs the city and co- defendant the Natural Resources Defense Council. The governments of Portland, Ore., and San Francisco filed the brief along with the New York State Association for Solid Waste Management, the Product Stewardship Institute and the New York State Product Stewardship Council. They want the court to postpone a decision on the CE industry’s constitutional claims until the New York Sanitation Department (DSNY) can rule on the e-waste collection plans manufacturers are required to file. The law allows DSNY to grant waivers for good cause, they said, and “there is no reason to assume that the city will not afford plaintiffs a good faith review of good faith objections.” The court can’t decide on the constitutional issues in the case “in the absence of any submitted or approved plans,” they said. “Plaintiffs unfairly assume that the city will require them to pursue an irrational e-waste management plan,” they said. “In the absence of such an occurrence, the claims have no substance at all.”