A lawsuit has been filed against the state, saying that a new law intended to prevent costly copper wire thefts will unintentionally shut down the state’s scrap metal industry if it goes into effect Jan. 1.
The Upper Midwest Chapter of Institute of Scrap Recycling Industries, known as the Recycled Materials Association, recently filed a lawsuit against the commissioner of the Minnesota Department of Commerce, saying the copper metal law is unconstitutional, not specific enough, and does not provide exemptions for legitimate scrap metal transactions.
The new law will require people selling scrap metal copper to obtain a license from the Commerce Department. There are criminal sanctions for the seller and buyer if they don’t comply with the new licensing requirement, the lawsuit notes.
The lawsuit points out that copper wire and metal can be found in all scrap metal, including sterling silver, car brakes and radiators, electronics, circuit boards, coins, gardening tools, home decor, windows, gutters and costume jewelry. Because of this, the lawsuit says, legitimate businesses will be breaking the law if they continue their practices after the law goes into effect at the start of 2025.
The law came about because of a rash of copper wire thefts from municipal lamp posts in St. Paul and beyond. More than 30 mayors signed onto a letter supporting the legislation during the last legislative session.
In April, government officials testified to legislators that the law would help prevent copper wire thefts by making it difficult for people to profit from the sale of stolen copper wires.
St. Paul Mayor Melvin Carter testified before lawmakers that the copper wire thefts in his city had cost the city a “significant amount” of money to repair the damaged city lights after copper thieves struck. In addition, city officials testified that the inoperable lamps caused a public safety issue because they left the streets “dangerously dark.” They cited the death of a pedestrian who was crossing in a dark intersection after a city streetlight had been disabled from copper thievery.
Minneapolis officials testified that 9½ miles of copper wiring had been stolen in their city and cost the city more than $450,000 for repairs.
The Recycled Materials Association said in its lawsuit that if the law goes into effect it will be “catastrophic” for its members and will effectively shut down the scrap metal industry in the state.
Officials at the Minnesota Commerce Department could not be reached for comment late Friday.
A motion hearing on the lawsuit is slated for Monday.
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