U.S. state attorneys general are filing a lawsuit to stop the enforcement of California’s Plastics Act, arguing that the measure requires ‘radical’ packaging redesigns for market access and passes costs on to consumers.
Nebraska Attorney General Mike Hilgers is leading seventeen state attorneys general and the National Association of Wholesaler-Distributors (NAW) in pursuit of a declaratory judgement that California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act violated both the United States Constitution and the California Constitution.
In their view, the Act is an ‘unprecedented overreach’ that places ‘extensive requirements’ on manufacturers, distributors, and companies that incorporate plastics into their packaging. The legal requirements are also expected to regulate cardboard, paper, aluminium, glass, and wooden packaging formats.
The lawsuit argues that the Act forces market operators across the country to make ‘radical changes’ to their packaging production, designs, and waste disposal to access California’s markets. This is feared to raise prices on everyday products and have disproportionate impacts on low-income and vulnerable consumers.
The Act also delegates regulatory and enforcement powers to the Circular Action Alliance, which the attorneys general consider an unelected and ‘unaccountable’ private organization. They posit that the Alliance may collect up to $500 million annually from businesses operating in California’s market, but with ‘minimal’ oversight from the state – voicing their concerns about transparency and accountability.
“Once again, California is trying to enact a policy that negatively impacts the rest of the country,” commented Attorney General Mike Hilgers. “If California goes unchecked, consumers will be forced to pay more for basic necessities. Nebraska is continuing to fight for consumers against California’s overreach.”
“California is not entitled to pronounce nationwide policies,” continued Eric Hoplin, president and CEO of NAW. “Because the Act extends California’s regulatory reach far beyond its borders and brings within its sweep conduct wholly unconnected to California, the Act violates principles of federalism, the horizontal separation of powers, and due process.”
The Attorneys General of Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia feature alongside Attorney General Mike Hilgers in the lawsuit.
Previously, ExxonMobil filed its own lawsuit against California Attorney General Rob Bonta and various non-profit organizations. It argued that the state of California’s initial legal action against ExxonMobil for reported violations of state laws surrounding false advertising, unfair competition, and water pollution – especially the alleged misrepresentation of its plastics recycling technology – was defamatory.
The State of New York has also sought to pass New York Senate Bill 1464, which would require packaging producers to register with a reduction organization and seek to reduce the state’s plastic waste by 30% in twelve years. So far, the bill has been amended multiple times and continues to stall in the Assembly.
In other news, the newly founded Recycling Leadership Council intends to ‘modernize’ the American recycling system by supporting policies that improve recycling rates, strengthening resource efficiency, and supporting modern manufacturing solutions. Among its members are Closed Loop Partners, the Consumer Brands Association, and the National Lubricant Container Recycling Coalition.
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