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EPR Reference Database

Publication type: Academic Journal Article

The end-of-life vehicle (ELV) directive: the road to responsible disposal

Abstract/summary

The automobile is often seen as a great liberator of personal autonomy and the freedom of mobility.' It has been the subject of novels, music, movies, and television shows, and in most developed nations is seen as a necessity.' Yet the automobile has come under serious attack for the environmental threats it poses. The focus of this environmental concern, however, is often limited to vehicle emissions. In fact, motor vehicles at the end of their life create other environmental concerns with regard to the proper disposal and treatment of certain materials and substances that, until recently, were simply disposed of in landfills with regular household waste.' In response to the concerns surrounding end-of-life vehicle disposal, the European Union passed the End-of-Life Vehicle Directive.' The Directive creates standards and targets which actors, including political and economic- ones, must comply with, and which individual Member States must transpose into law within their respective borders. The United States has adopted a markedly different approach. No national regulation exists for the disposal of automotive waste. Instead, individual States are free to adopt inconsistent regulations, or forego regulation altogether. Without regulated treatment procedures, ELV disposal facilities in many States are free to irresponsibly dispose of ELV waste that does not create potential revenue. While the EU ELV Directive has a number of shortcomings, it should serve as an initial model for uniform, federally mandated ELV disposal legislation, dictating the means for responsible recycling, reuse, treatment, and ultimate disposal of automotive waste arising at the end of a vehicle's useful life. Section I of this Note examines the background of ELV recycling. It discusses the development of Extended Producer Responsibility (EPR) and explores the EU ELV Directive and its provisions. Section II discusses the relevance of ELV disposal, criticizes various parts of the EU ELV Directive, and explores the success of the Directive. Section III examines the feasibility of adopting an EPR-style ELV system in the United States. The Note concludes that while the EU ELV Directive is problematic in some regards, a national EPR system of automotive waste disposal is possible in the United States, and because no national uniformity exists, such regulation is needed.

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Author(s)
Raymod J Konz
Journal
Minnesota Journal of International Law
Year
2009
Volume
18
Pages
431
URL
https://scholarship.law.umn.edu/mjil/85/
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