Seventeen states have filed a lawsuit challenging California's new single-use plastic law, which took effect on June 1, arguing it imposes undue burdens on businesses nationwide.
The legal action, led by Nebraska Attorney General Mike Hilgers and including the National Association of Wholesaler-Distributors, seeks to immediately halt the enforcement of the Plastic Pollution Prevention and Packaging Producer Responsibility Act, known as Senate Bill 54. This legislation, signed into law in 2022, mandates that companies reduce their use of single-use plastics and ensure all food packaging is recyclable or compostable by 2032. The plaintiffs contend that California is overstepping its authority by attempting to dictate policy that affects other states.
“Once again, California is trying to enact a policy that negatively impacts the rest of the country,” stated Hilgers in a press release. “If California goes unchecked, consumers will be forced to pay more for basic necessities.” The coalition includes Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia. The lawsuit was lodged in the U.S. District Court for the Eastern District of California.
SB 54 is designed as a producer responsibility law, aiming to shift the cost and responsibility for managing plastic waste from consumers and local governments to the producers and manufacturers of packaging. This approach is intended to incentivize companies to innovate and adopt more sustainable materials. According to state analyses, California consumers purchased approximately 2.9 million tons of single-use plastic and 171.4 billion individual plastic components in 2023 alone.
The states and the wholesale distributors argue that the law unfairly targets businesses selling products into California by forcing packaging alterations and by granting regulatory power to a private entity, the Circular Action Alliance, which can impose fees and taxes. Eric Hoplin, president and CEO of the National Association of Wholesaler-Distributors, asserted that the Act unlawfully extends California's regulatory reach beyond its borders, violating principles of federalism and due process. He also contends the law compels companies to fund the speech of an organization with which they may disagree, infringing upon their free speech rights.
Meanwhile, environmental groups have also raised concerns, filing a separate lawsuit alleging that the final regulations for SB 54 contain loopholes. Oceana, the Natural Resources Defense Council, and Californians Against Waste Foundation claim these regulations permit the use of certain plastic packaging categories indefinitely and allow for polluting recycling technologies. Christy Leavitt, Oceana's senior campaign director, described these regulatory aspects as undermining the law's ambitious goals, despite SB 54 being considered the nation's strongest single-use plastic reduction law.
