I. INTRODUCTION II. THE PROBLEM OF ELECTRONIC WASTE III. THE CALIFORNIA ELECTRONIC WASTE RECYCLING ACT IV. LEGAL ANALYSIS OF THE CALIFORNIA ELECTRONIC WASTE RECYCLING ACT A. Supreme Court Sovereign Immunity Analysis B. The Requirement to Protect the Public Fisc C. The Limits of the Resource Conservation and Recovery Act's Federal Facilities Compliance Act of 1992 D. Statutory Construction E. Military E-Waste Recycling V. COMMUNICATING WITH STATE REGULATORS A. Supreme Court Sovereign Immunity Analysis B. The Requirement to Protect the Public Fisc C. The Limits of the Resource Conservation and Recovery Act's Federal Facilities Compliance Act of 1992 D. Statutory Construction E. Military E-Waste Recycling VI. CONCLUSION

I. INTRODUCTION

From the dawning of the computer era in 1936 (1) to the present advancements in speed, portability, and user accessibility, the personal computer has become remarkably integrated into American society. Accordingly, the military has embraced the use of personal computers and associated electronics. The computer industry has met the growth of America's computing needs with a steady flow of more efficient and affordable machines.

Quietly following this rising tide of production has been the growing concern of what to do with a flood of obsolete computer equipment and the fear that even the proper disposal of these materials in landfills could carry significant negative environmental and human health impacts. While there is currently no comprehensive federal regulation of electronic waste or "e-waste," as it has been termed, almost half of the states are currently considering legislation to address this concern.

Currently, three states and the territory of Guam have enacted legislation specifically targeting the problem of e-waste, each approaching the issue in a different way. In most states, the resulting legislation addresses e-waste without presenting a problem to the military. California's approach, however, does present a concern for the military and other federal facilities located within the state. Unfortunately, a number of state legislatures are now considering proposals similar to California's. Using the California legislation as a backdrop, this article will address the growing area of state e-waste regulation and offer tools with which to analyze and address the issues.

Section II provides information regarding the nature and scope of the e-waste problem facing the United States and what the federal government and states are doing to manage it. Because it is the first of its type, and because it presents compliance hurdles for the military which may be duplicated in a number of other states, the California legislation will be analyzed in Section III. Section IV presents a legal and factual framework within which one can consider and analyze the issues presented by e-waste legislation similar to California's. Section V offers recommendations that may be useful to military attorneys facing this issue in other states. While every state that addresses this issue will ultimately adopt its own unique approach, the information contained in this article presents a good starting point for identifying and communicating the limitations that military and other federal facilities may have in complying with certain types of e-waste...