NEW YORK Basel Action
Network (BAN) is denying defamation allegations made against it
and executive director James Puckett in a lawsuit filed by
Intercon Solutions Inc., and in turn has filed a counterclaim
against the electronics recycler.
BAN is seeking "declaratory
relief to restore BANs full credibility and to recognize
that BAN has told the truth in the matter regarding the export
of electronics waste to China by Intercon Solutions," it said
Tuesday, noting that Intercons case was moved two weeks
ago to federal court in Chicago from Cook County (Ill.) Circuit
"BAN intends to vigorously
defend itself and its most valuable asset: its credibility,"
said BAN legal counsel John Phillips of John Phillips Law Group
PLLC in Seattle. "BAN is not going to be intimidated by this
lawsuit or prevented from pursuing the public interest through
objective investigation and reporting of the exportation of
hazardous waste to the developing world."
The environmental advocacy group
also will be represented by Chicago-based Winston & Strawn
Intercon Solutions, Chicago
Heights, Ill., filed the lawsuit in June, accusing BAN and
Puckett of defaming the company by making allegedly false
accusations that it shipped hazardous waste to China in 2011
(amm.com, June 29).
BAN last July accused Intercon
of illegally shipping containers of hazardous electronics waste
to China. A few weeks later, Intercon said it had obtained
shipping documents showing it wasnt the shipper
(amm.com, July 29, 2011).
An inspection report from China
Certification & Inspection (Group) Co. Ltd. showed that one
of the two containers held mixed metal automotive parts and not
hazardous substances (amm.com, Aug. 5, 2011), Intercon
said, but it didnt address details of the one container
BAN claimed contained hazardous electronics waste.
A week later, a Hong Kong
environmental official confirmed that one container did contain
hazardous electronics waste. However, Hong Kongs
Environmental Protection Department told AMM that it
didnt know who shipped the container and would
investigate the matter (amm.com, Aug. 16, 2011). No
further details have emerged on the investigation.
Intercons legal counsel
didnt respond a request for comment.