THE RECORD - New York City Bar Association

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R E C Y C L E D P A P E R I N T H E L E G A L C O M M U N I T Y forces are combining to mitigate any price and quality challenges facing paper with recycled content. 75 Companies have made great strides in refining the waste paper that goes into recycled content and have upgraded deinking facilities allowing for incorporation of lower grades of wastepaper such as curb-side newsprint for manufacturing bond, off-set and copy paper. Use of lower grade waste paper should decrease the cost of the product. 76 Moreover, government procurement agencies report that recycled paper can be purchased at competitive prices. The United States Government Printing Office (“GPO”) reported that as of April 1997 it was able to meet the Justice Department’s request that it substitute 20% post-consumer recycled copier paper for virgin paper whenever the virgin paper was no more than 5% less expensive. The GPO competitively bids for its paper requirements every three months to guarantee that its prices reflect current market prices. It found that 20% recycled content copier paper was offered at excellent values and well within the 5% range. 77 Similarly, a review of New York State Office of General Services’ contracts for the purchase of recycled offset and copy paper shows prices to be within 5% of virgin paper prices. This 5% range has been confirmed in conversations with manufacturers and suppliers and has been adopted by all government agencies as their price preference standard for the procurement of recycled paper. C. Quality Repeated tests of recycled paper in copiers and printers have proven its satisfactory performance. 78 A study recently sponsored by the Boston Bar Association confirms that recycled paper performed as well as its virgin counterparts and that the perception problem was just that. Indeed, the last major obstacle for commercial paper recyclers to produce clean product has been overcome. Removal of “stickies” had been a problem which resulted in the production of a lower grade product because the glue residue would appear as specks. This problem, however, was 75. Finchem, supra at p. 66. 76. Id. 77. GPO Remarks of John Chapman, 2nd Copier Paper Summit. Figures are not as widely available for recycled paper containing a minimum content of 30% post-consumer fiber because 20% post-consumer content remains the standard until the end of 1998; however, because the standard is changing to 30% in 1999, prices are expected to remain competitive. 78. Knopf, supra at 404. T H E R E C O R D 250
E N V I R O N M E N T A L L A W significant only in the production of bright white 100% recycled paper and did not arise in the manufacture of 20 to 30% recycled paper. In any event, a simple process was recently patented that allows for easy removal of the “stickies.” 79 The process also simplifies removal of laser inks. 6. THE PROPOSED MANDATORY RULE The Committee proposes the following rule: Recycled Paper. (a) Every pleading, written motion and other paper filed or submitted to the courts of the State of New York, shall be printed or reproduced on recycled paper. For the purposes of this rule, recycled paper is paper that contains a minimum content of 30 percent post-consumer fiber defined as fiber material generated by a business or a consumer that has served its intended end use as a consumer item and has been converted or otherwise diverted from the waste stream for the purpose of recycling. (b) The following statement shall appear on the signature page of every pleading, written motion, and other paper filed or submitted to the court to certify compliance with this Rule: “This document is printed on recycled paper.” (c) The failure to file or submit a document to the court in conformance with this rule shall not constitute a default; however, the court shall require that the party filing or submitting a nonconforming document resubmit the document in conformance with these requirements within ten (10) days from the date of its rejection for nonconformance. Absent good cause shown, failure to timely resubmit the document in conformance with this rule shall constitute a default. (d) This rule shall not apply to: i. Covers, oversized exhibits and dividers; ii. Photographs; iii. Original documents that were not prepared or created by, 79. New York Times, December 22, 1997, p. D2. M A R C H / A P R I L 1 9 9 9 ◆ V O L. 5 4, N O. 2 251
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THE RECORD OF THE ASSOCIATION OF TH
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MICHAEL A. COOPER President EDITORI
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O F N O T E tion. Prepared by the C
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Recent Committee Reports Bankruptcy
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THE RECORD - New York City Bar Association

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