(2002) 104 Cal.App.4th 317

The issue before the court was how, under the California Beverage container Recycling and Litter Reduction Act, the Department of Conservation should calculate the “processing fees” for beverage containers. The “returns based” methodology adopted by DOC had, in effect, created a disincentive for beverage manufacturers to use recyclable containers. The “sales based” approach advocated by CAW eliminated such disincentive, and thereby encouraged the beverage industry to utilize containers with high recycling rates. The Court of Appeal affirmed that the “sales based” methodology served the stated goals of the Act, and ordered the DOC to revise its calculations accordingly. [RMM Counsel of record: James G. Moose and Ashle T. Crocker]