Seattle Organization Outing "Scam Recyclers" Fends off Defamation Suit

"Scam recyclers" export our discarded computers, printers, and monitors on the cheap to dangerous backyard recycling operations in developing countries that poison workers and the local environment. These dangerous practices are being battled by the Basel Action Network (BAN), a Seattle nonprofit that tracks electronic waste, certifies responsible recyclers, and raises public awareness to limit trade in hazardous waste. BAN's advocacy has resulted in threats and litigation from the organizations it targets, and the most recent was a defamation and Lanham Act complaint filed by the Electronics Recycling Association of Canada (ERA). Represented by DWT's Bruce E.H. Johnson and Caesar Kalinowski IV, BAN won dismissal of the association's false-advertising claim and part of its defamation claim. The ruling upheld BAN's First Amendment right to express its opinion about the ERA's activities. Less than two weeks later, the ERA dropped its remaining claims, with prejudice and no other conditions.