Editors' Summary: The United States exports more than half of its hazardous waste, and a portion of its nonhazardous waste, to Canada for geographic, economic, and legal reasons. Most U.S. waste exports to Canada originate in the northeastern and northern border states, destined primarily for facilities near Canada's southern border. Compared with the United States, Canada has relatively few general waste disposal laws and regulations. Consequently, a desire to avoid legal liability, coupled with limited domestic disposal capacity, places pressure on U.S. waste generators to export to Canada and increases the potential for illegal waste laundering schemes.

This Article describes the "how" of Canada's waste disposal regulatory system, administered by the provincial governments, as it applies to two facilities that accept U.S. hazardous waste exports. The Article also examines the legal and economic "why" of United States waste exports to Canada, focusing on two legislative proposals that would exempt Canada from a ban on U.S. waste exports. The author concludes that the proposals properly recognize Canada's unique status for purposes of waste trade with the United States, but the two countries must improve regulatory cooperation and strengthen their waste export requirements to prevent illegal export scams.