Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    SK Tes on track to meet 2030 ITAD goal

    SK tes’ sustainability report offers window into ITAD

    Our top stories from February 2023

    ADS flexes new recycling capacity against resin spikes

    SCS launches chem recycling standard

    Certification scorecard — week of Sept. 28

    NJ’s PCR delay risks making its own excuse permanently true

    NJ’s PCR delay risks making its own excuse permanently true

    E-scrap magnet recycling company scales up

    Why only some rare-earth sources are economically viable

    e-Stewards to develop an ITAD-specific standard

    Certification scorecard — week of Sept. 21

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    SK Tes on track to meet 2030 ITAD goal

    SK tes’ sustainability report offers window into ITAD

    Our top stories from February 2023

    ADS flexes new recycling capacity against resin spikes

    SCS launches chem recycling standard

    Certification scorecard — week of Sept. 28

    NJ’s PCR delay risks making its own excuse permanently true

    NJ’s PCR delay risks making its own excuse permanently true

    E-scrap magnet recycling company scales up

    Why only some rare-earth sources are economically viable

    e-Stewards to develop an ITAD-specific standard

    Certification scorecard — week of Sept. 21

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home E-Scrap

OEM’s lawsuit against state program dismissed again

Colin StaubbyColin Staub
April 5, 2018
in E-Scrap
Televisions

An appeals court has ruled against Vizio in a case over how Connecticut’s state program calculates the recycling fee it charges manufacturers.

Vizio filed suit against the Connecticut Department of Energy and Environmental Protection in 2015, taking issue with the Constitution State’s allocation of funding responsibility. After a couple years of back-and-forth dismissals and appeals, the U.S. Court of Appeals for the Second Circuit issued the latest decision on March 29.

The court found that Vizio, a manufacturer of electronic devices, “failed to convince us that its claim should proceed under a variety of theories, old and new.”

Dispute over market share calculation

Connecticut charges manufacturers fees based on their market share of sales – that is, the volume of electronics one producer sells onto the market as a portion of the entire volume sold by all manufacturers. OEMs are assigned a fee amount based on their market share.

But Vizio disputed the method by which the state calculates that fee. Connecticut, like many states with e-scrap programs, uses national market share data to calculate fees for manufacturers.

According to the court decision, Vizio claimed Connecticut’s national market share approach “unduly regulates interstate commerce” by levying in‐state fees based on out‐of‐state sales. Vizio also posited OEMs are being double-charged on the out-of-state sales, since the company pays recycling fees to operate in other states as well.

Compounding the issue, Vizio stated that Connecticut’s e-scrap program mainly funds recycling of CRT devices, which Vizio has never manufactured.

The case has worked its way up the legal ladder. It was first argued in district court in 2015 and subsequently dismissed. Vizio re-filed with changes in 2016, but it was dismissed again at the end of the year. The company appealed to the U.S. Court of Appeals in 2017.

Not controlling activity elsewhere

Last week, the court affirmed the initial legal ruling, dismissing the case once again. The judges focused primarily on Vizio’s claim on appeal that the e-scrap fee calculation violates the Commerce Clause, an article of the U.S. Constitution that has been interpreted to prohibit states from “unjustifiably” discriminating against interstate commerce.

The judges disagreed that the e-scrap program actually controls a company’s out-of-state activity, but rather “merely considers” that activity when imposing the recycling fee.

They also pointed to a previous legal decision stating that protectionist measures differ from those that are “directed to legitimate local concerns, with effects upon interstate commerce that are only incidental.” To determine which category a law falls into, its public benefits must be weighed against its burden, the judges wrote, and they offered an opinion on the public value ot the e-scrap program.

“The benefits provided by Connecticut’s E‐Waste Law are legion,” the judges wrote. “Primarily, the law funds the state’s recycling efforts, a clear benefit to the public at large. Secondarily, the market share approach itself provides additional benefits in that it, among other things: apportions costs amongst state market participants, reduces the administrative strain other approaches may carry in identifying producers, and guarantees that any ‘orphan’ products – those for which an original manufacturer is unidentifiable – will be recycled.”

Vizio did not return a request for comment.

Photo credit: bibiphoto/Shutterstock

 

Tags: LegalLocal ProgramsManufacturers

TweetShare
Colin Staub

Colin Staub

Colin Staub was a reporter and associate editor at Resource Recycling until August 2025.

Related Posts

Bin to Better gets students involved in reuse, recycling

Bin to Better gets students involved in reuse, recycling

byPaul Lane
September 24, 2026

E-scrap among three focus areas for student-run, California-based environmental advocacy group.

APR reports success for 2026 recycling tours 

APR reports success for 2026 recycling tours 

byAntoinette Smith
September 23, 2026

In May, more than 2,500 visitors toured 41 facilities in the US and Mexico, during APR's second annual Recycling in...

Leadership at a pivotal moment

Leadership at a pivotal moment

byBrian Clark Howard
September 10, 2026

CalRecycle Director Zoe Heller is heading up an agency tasked with ambitious recycling and sustainability goals. Can she pull it...

Recology CEO Sal Coniglio in front of one of the hauler's trucks

Recology’s Sal Coniglio on business and policy working together

byBrian Clark Howard
August 31, 2026

The CEO of the West Coast hauler and recycler shares his thoughts on EPR, organics and what keeps him up...

New Compudopt CEO hopes to nurture agency’s growth

byPaul Lane
August 14, 2026

Allison Kotarski assumed the organization’s top spot after several years as COO.

Person completing an online survey on a tablet.

Study finds manufacturing components increasingly becoming obsolete

byPaul Lane
August 11, 2026

The PMMI report found more planning and communication could help players across the value chain account for parts and devices...

Load More
Next Post
mobile phones

India says it now welcomes used device imports

2026 Buyers’ Guide

Equipment, services and technology suppliers serving the recycling industry.

Browse the Guide

More Posts

Newsom nixes recycled content claims bill

Newsom nixes recycled content claims bill

September 28, 2026
Analysis: Undersupply of PCR is ‘stifling’ brand goals

US lawmakers urge protection of domestic RPET

September 25, 2026
trash bags

Sorted: Should we use recycled trash bags?

September 28, 2026
Domestic e-plastics recovery picks up pace 

Domestic e-plastics recovery picks up pace 

September 30, 2026
Recyclers reeling from NJ PCR extension

Recyclers reeling from NJ PCR extension

September 23, 2026
Oregon state capitol building with state flag and blue sky.

NAW appeals Oregon EPR ruling

September 25, 2026
Diversion Dynamics: Policy needed to reach full charge for vape recycling

Disposable vapes banned in California

September 28, 2026
USFFI signs first film offtake deals

USFFI signs first film offtake deals

September 29, 2026
Women in Circularity: Sanyukta Saptasagar

Women in Circularity: Sanyukta Saptasagar

September 29, 2026
How to perform chip harvesting

How to perform chip harvesting

October 1, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazines

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletters

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazines
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.