Practices  |  Consumer Product Regulation

End-of-Life Product Management

Overview

Wiley Rein’s team is recognized for its international expertise on the attention to the end of life management of products that has come to be known as “product stewardship. “  We represented the original petitioners who led EPA to adopt its Resource Conservation and Recovery Act (RCRA) “universal waste” rule, have worked on federal and state recycling legislation across the country, incorporated and continue to represent two of the largest industry-operated stewardship programs in the nation, and have helped them and other  clients obtain numerous approvals for product-specific plans from regulatory agencies in the United States and Canada.

In addition, Wiley Rein assists retailers and other consumer-facing entities with often-complicated waste management and transportation issues associated with product returns and reverse distribution. Wiley Rein has counseled a number of clients regarding their waste management and transportation obligations under the RCRA and related state laws, including issues related to waste characterization, as well as drafting and negotiating contractual arrangements for stewardship services and procedures to assure compliance with hazardous waste transportation issues arising in connection with reverse distribution supply chains.  

Representative Experience:

  • Serving as general counsel to companies operating rechargeable battery and electronic end-of-life management services across North America.
  • Advising companies and trade associations in the pharmaceutical, floor covering, and plastic container industries on strategies to comply with product stewardship mandates and to obtain revisions to them.
  • Representing companies and trade associations in their promotion of or resistance to legislative product stewardship proposals at the Federal level, in approximately two dozen U.S. states and municipalities, and in half a dozen Canadian provinces.
  • Representing the trade association of U.S. lead acid battery manufacturers in developing and promoting the landmark legislation adopted in California in 2016 as AB 2153, imposing a tax on batteries but, in response, providing credits against future pollution claims.
  • Filing a petition on behalf of clients that resulted in the U.S. Department of Transportations's Pipeline and Hazardous Materials Safety Administration’s adoption in 2016 of a rule simplifying reverse distribution and recalls of potentially-hazardous products.

Contact Us

David B. Weinberg
202.719.7102 | dweinberg@wileyrein.com

Joseph S. Kakesh
202.719.7435 | jkakesh@wileyrein.com

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