California's groundbreaking anti-plastics law, which took effect in May 2024, is already facing legal challenges from both industry groups and environmental organizations. The law, signed by Governor Gavin Newsom in 2022, requires plastic and packaging companies to reduce single-use plastics and ensure all packaging is recyclable or compostable by 2032. It also mandates producers to cut single-use plastic, increase recycling rates, and pay $5bn to address plastic pollution.
Industry backlash and multi-state lawsuit
On Monday, a coalition of 17 states filed a lawsuit to block the law, arguing it places an undue burden on manufacturers outside California who must comply to do business in the state. The suit claims the law requires businesses to register and pay fees to a private entity, Circular Action Alliance, which they say oversteps constitutional limits on interstate commerce. Eric Hoplin, president and CEO of the National Association of Wholesaler-Distributors, stated, "No state should limit interstate commerce, let alone delegate the power to set and collect taxes to a third party outside of the scope of public scrutiny."
Environmental groups also challenge the law
Meanwhile, a coalition including the Natural Resources Defense Council (NRDC) is suing over different concerns. They argue that state regulations allow recycling methods that create toxic waste and let some plastics escape coverage by redefining recycling. Avinash Kar, senior director at NRDC, said, "We need to make sure the recycling that happens under it is real and not imaginary and not greenwashing... those are the loopholes that were created by the regulations."
Supporters defend the law's intent
Heidi Sanborn, executive director of the National Stewardship Action Council, who helped negotiate the bill, emphasized that the law shifts responsibility for packaging waste from local governments and taxpayers to producers. "When done correctly, this creates incentives for smarter packaging design, reduces waste management costs borne by communities, and supports investment in responsible end markets," she said. Scott Cassel of the Product Stewardship Institute added that similar extended producer responsibility laws work globally, calling lawsuits "a waste of everyone's time and money."
Legal experts doubt industry lawsuit will succeed
Judith Enck, former EPA administrator and head of Beyond Plastics, noted the irony of industry groups suing after negotiating the bill. "The industry negotiated this bill, and yet they're trying to undercut it with this lawsuit," she said. Kar pointed out that similar commerce clause challenges against restrictions on PFAS in Minnesota were rejected, suggesting this lawsuit may also fail. The law's ambitious targets aim to address the low recycling rate of plastic—only 5-6% is ever recycled—and growing concerns over microplastics.
