17 states and trade group sue California over plastics packaging law

A coalition of 17 states and a trade association representing U.S. wholesalers and distributors have sued California to block the enforcement of a stringent recycling law that aims to reduce plastic packaging waste.

The lawsuit, filed Monday in federal court, argues that California’s recently finalized regulations that will gradually require companies to scale back single-use plastics and ensure all packaging is recycling or compostable should be struck down. The plaintiffs called the regulations “onerous mandates” that will cause steep price increases in everyday necessities that will be passed on, at least in part, to consumers.

“Once again, California is trying to enact a policy that negatively impacts the rest of the country. If California goes unchecked, consumers will be forced to pay more for basic necessities,” Nebraska Attorney General Mike Hilgers, who led the coalition, said in a news release.

The law, called the Plastic Pollution Prevention and Packaging Producer Responsibility Act, was enacted in 2022.

“Virtually every product packaged or shipped in plastic containers, as well as a significant number of other types of packaging materials that merely incorporate plastics, fall into the Act’s remarkable sweep,” the lawsuit said.

The National Association of Wholesaler-Distributors, which represents companies that import and distribute goods in California, also joined the lawsuit.

“California is not entitled to pronounce nationwide policies,” Eric Hoplin, the trade association’s president and CEO, said in a statement. “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 lawsuit argues the law violates both the U.S. and California constitutions. It asks the court to declare California’s law invalid and unenforceable, and halt its implementation.

The lawsuit names as defendants Zoe Heller, director of California’s recycling agency known as CalRecycle, and the Circular Action Alliance, a nonprofit involved with implementing the law.

Melanie Turner, a spokesperson for CalRecycle, said in an emailed statement that the agency does not comment on pending litigation and that it remained focused on implementing the law.

The alliance said in a statement that it was aware of the lawsuit and closely monitoring developments while at the same time working to implement the law’s “ambitious goals.”

In a May news release announcing regulations under the law, state officials said the changes would fight plastics pollution while protecting the interests of taxpayers and local governments.

“California is shifting the responsibility of managing single-use plastic and packaging onto the producers. New packaging reforms lower waste costs for communities and decrease garbage and pollution across the state,” Environmental Protection Secretary Yana Garcia said in a statement. “This approach pushes producers to innovate and design packaging that truly supports a circular economy.”

Joining Nebraska in the lawsuit were 16 other states with Republican attorneys general: Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.Environmental groups also have sued over the law. A coalition that included the Natural Resources Defense Council recently filed a complaint over what it said in a news release were “weakened” final regulations for the “landmark” law.