US E-Waste Export Resolution (Res. 1395)

July, 2008

Environment and Hazardous Materials Subcommittee Chairman Gene Green (D-Texas) introduced House Resolution 1395 on July 31, 2008 which expresses opposition to federal policy which allows toxic electronic waste to be exported to developing countries. The resolution also encourages the US to join other developed nations which ban the export of such material. Hazardous waste export is regulated by the Resource Conservation and Recovery Act, yet the majority of electronic waste is excluded or exempt from the definitions of waste and hazardous waste. State e-waste legislation cannot constitutionally ban the export of such material because it infringes upon federal government authority to regulate international trade. Rep. Green has indicated that he intends to file federal legislation to ban the export of e-waste in 2009. See Rep. Gene Green's July 2008 Press Release for more information.