Private Law Theory

…. This Note will argue that environmental considerations could provide an essential foundation for consumer electronic right to repair laws. This idea is not unprecedented – the European Union’s right to repair regulations already focus on the environment and the United States has successfully passed laws with an environmental focus pertaining to automobile right to repair and e-waste recycling. Part I of this Note will set the stage by examining the e-waste problem and the debate around right to repair legislation. Part II will investigate the consumer electronic right to repair legislation that has been proposed in the United States. Part III will argue for an increased environmental focus by looking at three arenas that can serve as a guide. First, recently enacted rules in the European Union show how the proposed United States laws can be tailored to maximize environmental benefits. Second, automobile right to repair legislation in this country shows that environmental-based legislation is feasible. Third, existing federal and state waste management statutes show that the groundwork has already been laid for consumer electronic right to repair.

Joshua Turiel, Consumer Electronic Right to Repair Laws: Focusing on an Environmental Foundation, 45 William and Mary Environmental Law and Policy Review 579 (2021).

First posted 2021-05-07 16:15:27