Key facts
- Seventeen U.S. states and the National Association of Wholesaler-Distributors are suing California to block its new plastics packaging law.
- The lawsuit argues the law imposes "onerous mandates" that will lead to higher consumer prices and violate federalism principles.
- The law, enacted in 2022, requires a 25% reduction in single-use plastic packaging and mandates all packaging be recyclable or compostable by 2032.
- Plaintiffs claim the law violates the Commerce Clause of the U.S. Constitution and extends California's regulatory reach beyond its borders.
A coalition of 17 U.S. states, led by Nebraska, along with the National Association of Wholesaler-Distributors, has filed a lawsuit in federal court seeking to block California's new plastics packaging law. The law, enacted in 2022, aims to reduce single-use plastic waste by requiring producers to scale back such packaging by 25% and ensure all packaging is recyclable or compostable by 2032.
Plaintiffs argue that the regulations are "onerous mandates" that will lead to significant price increases for everyday necessities, disproportionately affecting consumers nationwide. Nebraska Attorney General Mike Hilgers stated that California is attempting to enact policies with negative national impacts and that consumers will be forced to pay more for basic goods. The lawsuit contends that the law violates principles of federalism, the horizontal separation of powers, and due process, asserting that California is overstepping its regulatory authority.
The suit names Zoe Heller, director of California's recycling agency CalRecycle, and the Circular Action Alliance, a nonprofit involved in the law's implementation, as defendants. CalRecycle stated it does not comment on pending litigation, while the Circular Action Alliance acknowledged the lawsuit and affirmed its commitment to the law's goals. California officials previously stated the law shifts responsibility for managing single-use plastic and packaging onto producers, aiming to lower waste costs and decrease pollution.