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Showing 10 posts in Electronics.

New Developments and Uncertainties for Conflict Minerals Disclosure

The Securities and Exchange Commission (SEC or Commission) Division of Corporate Finance issued a new statement adding some uncertainty to company obligations and enforcement exposure under the SEC conflict minerals rule ahead of the May 31, 2017 filing deadline.  The statement is one of several moving pieces in an unprecedented wave of activity on conflict minerals in recent weeks.  Companies should review these developments and their approach to meeting legal obligations imposed by the SEC’s implementation of Section 1502 of Dodd Frank, alongside the broader expectations of customers, activists and investors. Read More ›

Fourth Circuit: CWA Permit Shield Requires Compliance with Incorporated Quality Standards

A recent Fourth Circuit decision will have wastewater dischargers taking a closer look at their NPDES permits and state water quality standards. The court of appeals held, in Ohio Valley Environmental Coalition v. Fola Coal Co., No. 16-1024, that permit language incorporating state water quality standards required compliance with all such standards, including narrative standards not reflected in the permit’s effluent limits.  As a consequence, a source can only be assured that it is shielded from liability under the CWA if its discharges comply with both (a) effluent limits in the NPDES permit and (b) any water quality standards—even narrative standards—that the permit incorporates.  The decision raises questions about potential exposure and how to approach permit writers in the future. Read More ›

Accutest Laboratories New England Notifies Clients of Potential Data Concerns

Notification of potential data quality issues by a Massachusetts laboratory is raising concerns about the possible impact on current and closed remediation sites in Massachusetts that relied on that data.  Read More ›

ICAO Bans Bulk Shipments of Lithium Batteries as Cargo on Passenger Aircraft

On February 22, 2016, the International Civil Aviation Organization (“ICAO”) Council announced an interim ban on bulk shipments of lithium ion batteries as cargo on passenger aircraft.  The ICAO Council adopted this new aviation safety measure after the ICAO’s top technical body, the Air Navigation Commission, recommended a ban on these shipments at its January 27, 2016 meeting.  The approved ban on bulk lithium battery shipments on passenger aircraft becomes effective almost immediately on April 1, 2016.  The ICAO is also implementing other significant changes to the lithium battery rules in its 2017-2018 Edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (“ICAO-TI”).  Read More ›

Understanding New Lithium Battery Transport Requirements & Emerging Developments as Safety Concerns Mount

Growing concerns over the safety of air shipments of lithium batteries have prompted international authorities, the U.S. Federal Aviation Administration (“FAA”), and Congress to take action.  On January 19, 2016, the International Air Transport Association (“IATA”) issued an Addendum to the 57th Edition of the Dangerous Goods Regulations (“DGR”), further restricting shipments of lithium batteries by air.  The International Civil Aviation Organization’s (“ICAO”) is also planning changes to the lithium battery rules for its 2017-2018 Edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air (“ICAO-TI”), and is even considering an outright ban on bulk lithium ion battery shipments as cargo on passenger aircraft. Read More ›

China Proposes “RoHS 2” Framework for Comment

On May 15, 2015, China’s Ministry of Industry and Information Technology
(“MIIT”) released a latest Draft for Comments (“May 2015 Draft”) of the “Management
Methods for the Restriction of the Use of Hazardous Substances in Electrical and
Electronic Products
” (“Methods”) (Draft for Comments in Chinese). The new
Methods is designed to replace the existing regime, promulgated in 2006
and commonly referred to as “China RoHS.” The May 2015 Draft is now open for
public comments until June 17, 2015. It makes several important proposed changes
to the existing China RoHS regulation. Read More ›

Recycling Company Fined $4.5 Million for Illegal Export of Electronic Waste; Executives Receive Prison Sentences

Executive Recycling, Inc., a U.S. electronic waste recycling business, and two company executives were sentenced this month by U.S. District Court Judge William J. Martinez for defrauding customers and illegally shipping electronic waste (“e-waste”) overseas. The corporation was fined $4.5 million and sentenced to 3 years on probation. CEO and owner Brandon Richter was ordered to serve 30 months in federal prison, followed by 3 years on supervised release. Judge Martinez also ordered Richter to pay approximately $77,000 in fines and restitution and to forfeit over $140,000 in assets. Richter and Executive Recycling received their sentences one week after the corporation’s Vice President of Operations, Tor Olson, was sentenced to 14 months in prison and fined $20,000. Read More ›

“Safe Chemicals Act,” First TSCA Reform Bill of 113th Congress, Reintroduced

On April 10, 2013, Senator Frank Lautenberg (D-NJ) reintroduced the “Safe Chemicals Act” to “amend the Toxic Substances Control Act (TSCA) to ensure that risks from chemicals are adequately understood and managed.”[1] The 2013 bill, S. 696, is identical to the version of the Safe Chemicals Act that was approved by Democrats in the Senate Environment and Public Works (EPW) Committee in December 2012 on a party line vote, but which died at the end of the 112th Congress having seen no further activity.   Read More ›

Owner of Electronics Export Company Receives a 30-Month Prison Sentence

On March 22, 2013, the Federal District Court for the Eastern District of Michigan sentenced Discount Computers, Inc. (“DCI”), a computer company, and its owner for trafficking in counterfeit goods and services and for violating environmental laws related to the fraudulent export of cathode ray tubes (“CRTs). The prosecution of DCI, along with the December 2012 prosecution of a Colorado electronics recycler for illegal exportation of CRTs, demonstrate the federal government’s increased focus on using existing laws to pursue criminal enforcement to address the illegal handling and disposal of e-waste. Cynthia Giles, EPA’s Assistant Administrator for the Office of Enforcement and Compliance Assurance, cautions that these criminal sentences should serve as a warning to all those who illegally export e-waste from the United States. Read More ›

Federal Criminal Conviction For Illegal Exportation of Electronic Waste

A U.S. recycler has been successfully prosecuted for exporting e-waste containing lead to foreign countries. In December of 2012, a federal jury convicted Executive Recycling, its CEO, and Vice President of Operations on multiple criminal counts, including seven counts of wire fraud, the illegal export of hazardous waste to developing countries, smuggling and obstruction of justice. Executive Recycling was the exporter of record in more than 300 exports from the United States between 2005 and 2008, including the export of over 100,000 cathode ray tubes (“CRTs”) containing lead. CRT disposal is regulated in the United States under the Resource Conservation and Recovery Act (“RCRA”). The Defendants were found to have falsely advertised to customers that they would dispose of e-waste in an environmentally friendly manner, in the United States rather than overseas. Contrary to such representations, the company was found to have sold e-waste to brokers for export overseas to China and other countries.   Read More ›