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Council Networking Call – SPECIAL CALL

Framing Product Stewardship to Preempt Industry Attack

Date: Thursday, January 8th, 2010
Time: 8 am Pacific; 10 am Central; 11 am Eastern
Number: 1-270-400-2000
Access Code: 987055

Product Policy Institute's Product Stewardship Council Network is planning a call to discuss a new industry attack on producer responsibility and to strategize on a long-term plan. We invite you to share your ideas – and to include your media consultants, if you have any, on this important call.

State and local governments rallied a lot of people in a big way last month to support New York City in their fight to defend their e-waste program against an industry challenge. As we suspected, other industries were gearing up for a bigger fight to stop the momentum toward extended producer responsibility nationally.

Now we have proof. As Barbara Kyle has alerted us (see note and mink to documents below), the issue has moved far beyond e-waste. Industries are attacking product stewardship that weren't involved in the case before, including lighting, carpet and forest products industries. Their concern is not New York City's rules, but rather the very premises of producer responsibility. Check out this statement from the amicus brief filed on December 11, 2009, by the National Assn of Manufacturers, the National Electrical Manufacturers Assn, the American Lighting Association, the Carpet and Rug Institute, the American Forest and Paper Assn, and the Business Council of New York State.

"But from the perspective of the Nation's manufacturers, that is only the tip of the iceberg. If New York City's E-Waste law is allowed to go into effect, it will send a strong — perhaps irresistible — message to other financially-pressed state and local governments that here is a new way to reduce one of their major costs: shifting the burden of collecting and disposing of discarded consumer goods away from their own taxpayers, who actually discard the products, and onto manufacturers located far beyond their own borders, who do not vote in their local elections. Indeed, a number of proposed producer responsibility laws are currently pending across the United States." (Page 3)

It is a sign of our increasing effectiveness that industries are mobilizing, out of concern that they may face new obligations for paying for the management of their products and packaging at "end of life."

Another important need becoming evident is getting union/labor support for EPR. The Teamsters in NY City contend in a separate brief that they have a right to be hard-wired into city waste management operations, even if industry pays.

Product stewardship has reached a new level and we need to be ready and proactive. A key element must be a public relations strategy that frames this issue in the media. This is the time to bring the product stewardship discussion to the court of public opinion. All of us who want to see product stewardship advance need to frame the issue in terms of protecting taxpayers and ratepayers (who are not the same as consumers!); ensuring cost effectiveness of EPR and free market competition; smaller government; and green jobs. We'll need help from media campaign specialists to counter the well funded campaigns we can expect from industries that already run product stewardship programs in other countries and would rather fight the EPR train in the U.S. than get on board and make it work.

We look forward to a good brainstorm.
/Bill Sheehan

Update and link from Barbara Kyle:

The judge did agree to allow the local governments to file the amicus brief in support of the City law. But the Industry has also used this strategy, and now two amicus briefs have been filed in support of the industry position. One was filed by several industry associations that are quite familiar to all of you working on product stewardship on other products like mercury lamps, switches, thermostats, carpet and paper:

  • National Assn of Manufacturers
  • National Electrical Manufacturers Assn
  • American Lighting Association
  • Carpet and Rug Institute
  • American Forest and Paper Assn.
  • Business Council of New York State

If anyone had any doubt that this lawsuit is really an attack on the states' ability to pass producer responsibility legislation, this amicus brief filing – by those other associations who don't want producer responsibility in their industry – should erase those doubts.

The other brief was filed by the Teamsters, claiming that the City's regulations will result in taking union work away from their collectors, and giving it to private collectors. Both briefs (and all the legal filings) can be found here: http://www.electronicstakeback.com/legislation/lawsuit_vs_nyc/lawsuit_vs_nyc.htm

Bill Sheehan
Executive Director
Product Policy Institute
P.O. Box 48433
Athens, GA 30604 USA
Tel: 706-613-0710
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Web: www.productpolicy.org
Twitter: @ProductPolicy
LinkedIn: http://bit.ly/sheehan
Facebook: http://bit.ly/PPI-Facebook
 
Impact Chemistry Advocacy Update

americanchemistry.com/impact | pdf version

January 2009

In This Issue:

  • State Outlook for 2009
  • New Lawmakers, New Administration: How Can I Help?
  • Issue Accent: Energy
  • Online Poll: Express Your Opinion!
  • Tell A Friend

State Outlook for 2009
As lawmakers return to state capitols in 2009, one issue permeates most of the hallway discussions- the Economy! Without a doubt, legislators will be looking closely at the federal economic recovery package and its various stimulus plans to revitalize the states. With revenues declining during the fiscal slump and the pressure to meet balanced budget obligations, states often raise taxes and/or cut spending by eradicating services and suspending projects. According to the National Conference of State Legislators, 31 states reported that they collectively addressed a $40 billion shortfall in their FY 2009 budgets, more than triple the amount reported by states in FY 2008.

Although this subject will frame debates, there will be plenty of other issues that affect the business of chemistry. In particular, chemical and plastic products have recently been under increased attack and this trend will continue in 2009. 2008 saw a 300 increase in potential chemical products bans and a 200 increase in plastic packaging restrictions, and these numbers could rise in the New Year. ACC will work diligently to defeat onerous ban measures that are not based on principles of sound science and sustainable chemistry.

2009 also promises to be a year of opportunity for our industry, particularly on energy policy. Lawmakers recognize that conservation is one of the cheapest ways to increase energy supply and this often starts in homes and buildings. The products of chemistry are essential to make structures more energy efficient, such as insulation, thermal coatings and vinyl windows, and ACC will be aggressively advocating policies that encourage construction of energy efficient, high performance buildings and residential homes. Stay tuned for more state legislative developments and ways to get involved in the upcoming weeks.

New Lawmakers, New Administration: How Can I Help?
2009 ushers in many changes on the political landscape. A new president, congress, state legislatures, and governors will take office. These policy makers will tackle tough issues such as the economy, energy and climate change, and freight rail transportation, all of which impact the business of chemistry.

Your political involvement does not end with your vote in the election, but instead enters another phase. Freshmen members need to be informed on the issues, and who better to educate lawmakers than you.

Now is the best time to contact these legislators!

  • Invite legislators to take a tour of your local facility so they can see how essential chemistry is to their constituents and to the economy.
  • When legislation affecting the chemical industry comes up for debate, write a letter expressing your opinion and encourage others to do the same.
  • Take advantage of the opportunities that will arise to forge relationships with decision makers.

For resources on conducting plant tours and communicating with elected officials, go to the Impact Chemistry Advocacy ToolKit. Make your voice heard!

Issue Accent: Energy
Chemistry materials go into energy-saving products such as building insulation, lightweight vehicle parts, "low rolling resistance" tires, solar panels, wind power blades, compact fluorescent light bulbs, automotive and industrial lubricants, and many others. Our industry relies heavily on natural gas for chemistry that goes into these products and thousands of products consumers use every day---from medicines, packaging and medical equipment to auto parts, computers, telephones and health and personal care products. So in addition to support for policies that will improve energy efficiency and conservation and promote fuel diversity (including renewable and alternatives), the American Chemistry Council believes that access to a reliable, affordable supply of energy---especially natural gas---is vital to chemical makers, the future of the American manufacturing base and the health of the U.S. economy as a whole.

Tell A Friend

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American Chemistry Council

The American Chemistry Council (ACC) represents the leading companies engaged in the business of chemistry. ACC members apply the science of chemistry to make innovative products and services that make people's lives better, healthier and safer. ACC is committed to improved environmental, health and safety performance through Responsible Care®, common sense advocacy designed to address major public policy issues, and health and environmental research and product testing.

The business of chemistry is a $664 billion enterprise and a key element of the nation's economy. It is one of the nation's largest exporters, accounting for ten cents out of every dollar in U.S. exports. Chemistry companies are among the largest investors in research and development. Safety and security have always been primary concerns of ACC members, and they have intensified their efforts, working closely with government agencies to improve security and to defend against any threat to the nation's critical infrastructure.

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