Overview

Wiley professionals rank among the world’s preeminent authorities on safety, stewardship, and energy efficiency issues associated with portable electric products, televisions, computers, batteries, other electronic equipment, vehicle power trains, and charging systems.

Members of our group serve as Washington counsel for the Battery Council International (BCI), General Counsel of the Portable Rechargeable Battery Association (PRBA), General Counsel of the Electronic Manufacturers Recycling Management Company (MRM), and as legal counsel to Call2Recycle, Inc., the Consumer Technology Association, and many individual product manufacturers, distributors, and retailers. The practice’s regulatory analysts monitor worldwide legislative and regulatory developments that might influence those associations and firms and the commercial users of those products. The team advocates appropriate changes in governmental policies, whether in Washington, DC, individual U.S. states, Brussels, Geneva, Tokyo, or Beijing.

Wiley lawyers and regulatory analysts have played the leading role among law firms in addressing public policy and regulatory challenges facing rechargeable battery, portable electronics, and electric vehicle technologies around the world. Our team counsels clients on environmental, health and safety, transportation, and other risks associated with batteries and energy storage throughout the entire product or project lifecycle – raw material sourcing, supply-chain integration and audits, incident response, and design, manufacture, packaging, transport, storage, use, disposal, and recycling – and in compliance with regulatory schemes.

Wiley represents manufacturers, retailers, and original equipment manufacturer (OEM) users of batteries (e.g., computers, televisions, and other electronics) in legislative matters at the federal, state, and municipal levels. We also represent these and other clients in rulemaking and administrative proceedings and enforcement matters before the U.S. Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the Consumer Product Safety Commission (CPSC), the U.S. Department of Transportation (DOT), the U.S. Department of Energy (DOE), and state and international bodies relating to recycling; product stewardship, safety, and efficiency; pollution regulation; occupational health; waste management transportation safety; advertising and labeling matters; and customs and trade matters. Among other things, we offer an in-depth understanding of state recycling laws and work regularly on supply-chain issues – addressing basic material scarcity and conflict mineral issues, component supply assurances, distribution matters, and governmental funding initiatives. Some of these are cutting-edge, and some simply involve the application of years of legal experience to complex international corporate transactions.

The group also counsels companies on product labeling and safety and registration requirements, and plays a leading role in addressing product stewardship and recycling issues. Over the last thirty years, our team has been involved in the following, among many other issues:

  • Drafting model legislation, now adopted in about three dozen states, supporting lead acid battery recycling.
  • Initially petitioning the EPA to amend Resource Conservation and Recovery Act (RCRA) regulations and add the “universal waste provisions” that now facilitate the recycling of a large range of products.
  • Representing industry interests in passage of the federal Mercury Containing and Rechargeable Battery Act and numerous state “product stewardship” statutes governing recycling of rechargeable consumer batteries and products.
  • Establishing and ongoing counselling for successful industry-sponsored spent-battery and electronic waste management programs across the nation.
  • Working with the U.S. Department of Transportation and as industry representatives on a range of international standard-setting organizations in developing and implementing battery transportation safety rules and regulations.
  • Serving as members of federal and state advisory committees addressing transportation safety.
  • Addressing federal and state occupational health and federal Toxic Substances Control Act issues arising from the domestic manufacturer of lithium-ion batteries, lead batteries, and related products.
  • Defending claims asserted against entities cooperating in recycling programs that rise under the federal Superfund statute and parallel state laws.
  • Assisting companies seeking federal financial support for domestic battery manufacturing capacity.

Contact Us

David B. Weinberg
202.719.7102 | dweinberg@wiley.law

Martha E. Marrapese
202.719.7156 | mmarrapese@wiley.law 

George A. Kerchner
202.719.4109 | gkerchner@wiley.law 

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