“There’s Nothing to Prohibit Sending this Material Overseas”: How U.S. Law Excludes International Victims in the Growing Epidemic of Electronic Waste Exportation

Abstract

This Note analyzes the emerging, and under-documented litigation field of illegal dumping of electronic waste (e-waste). U.S. federal courts are inadequately prosecuting and failing to provide avenues for both criminal and civil restitution for international victims. The Resource Conservation and Recovery Act (RCRA), the primary legislation on e-waste recycling, protects only state interests and offers little relief to private actors. Under RCRA, which has both criminal and civil statutes, the exportation of e-waste is lightly monitored and is only scorned under specific circumstances, mainly if the receiving country has not authorized it. Further, most prosecutors elect to bring wire fraud charges under Title 18, the federal Criminal and Criminal Procedure law, rather than RCRA. Therefore, restitution is only granted to companies, not international victims. Using the three major e-waste criminal cases —Executive Recycling, Intercon Solutions, and Total Reclaim— as steppingstones to begin the discussion on international e-waste dumping, this Note demonstrates that victims are only narrowly provided relief, and international victims are virtually unable to seek relief. This Note focuses on administrative action to provide proper prosecutorial direction and critique legislative ignorance of modern environmental issues. In addition, this Note emphasizes international solutions to the growing waste epidemic and discusses how the U.S. can more effectively use these structures to prosecute e-waste smuggling and environmental waste smuggling at large.