California is facing a lawsuit from 17 U.S. states that want to overturn a new law aimed at reducing single-use plastic waste and increasing recycling efforts.
In a complaint filed Monday in federal court in Sacramento, the states—each represented by a Republican attorney general—argued that California is attempting to “impose its own policy preferences on the entire nation” through its Plastic Pollution Prevention and Packaging Producer Responsibility Act.
Democratic Gov. Gavin Newsom signed the law in 2022, and it took effect on May 1. Under the measure, producers must cut single-use plastic used in packaging and food-service products by 25% and make sure all such items are recyclable or compostable by 2032.
The states, led by Nebraska, argued that the law violates the U.S. Constitution’s Commerce Clause because it places a significant burden on interstate commerce.
They also contend that the measure will drive up consumer prices, with lower-income Americans likely to feel the greatest impact. According to the lawsuit, producers will pass along the “extremely expensive” costs of overhauling a broad range of products and business practices.
“Once again, California is trying to enact a policy that negatively impacts the rest of the country,” Nebraska Attorney General Mike Hilgers said in a statement. “If California goes unchecked, consumers will be forced to pay more for basic necessities.”
The National Association of Wholesaler-Distributors has also joined the lawsuit as a plaintiff.
The defendants include Zoe Heller, director of the California Department of Resources Recycling & Recovery, and the Circular Action Alliance, a producer responsibility organization tasked with carrying out the law. The nonprofit said it also serves as the sole producer responsibility organization in Colorado, Maryland, Minnesota, Oregon, and Washington.
CalRecycle, the agency overseen by Heller, did not immediately respond Tuesday to a request for comment. The Circular Action Alliance also did not immediately respond to a similar request.
Leave a Comment