A coalition of 17 states, led by Nebraska, and a trade association have filed a lawsuit against California seeking to block the enforcement of a new law designed to reduce plastic packaging waste. The suit argues that the state's stringent recycling regulations, which mandate a gradual reduction in single-use plastics and require all packaging to be recyclable or compostable, impose "onerous mandates" that will lead to significant price increases for consumers.
The lawsuit, filed in federal court, contends that California's regulations violate principles of federalism, the separation of powers, and due process by extending the state's regulatory reach beyond its borders and affecting conduct unconnected to California. The National Association of Wholesaler-Distributors, which represents companies importing and distributing goods in California, joined the suit, stating that "California is not entitled to pronounce nationwide policies."
Nebraska Attorney General Mike Hilgers, who led the coalition, said in a news release that if California's policy is unchecked, consumers will be forced to pay more for basic necessities. The lawsuit names Zoe Heller, director of California's recycling agency CalRecycle, and the Circular Action Alliance, a nonprofit involved in implementing the law, as defendants. Plaintiffs are asking the court to declare the law invalid and unenforceable.
California officials maintain that the law, enacted in 2022 and known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act, will fight plastic pollution and shift the responsibility of managing single-use plastics and packaging onto producers. Environmental Protection Secretary Yana Garcia stated in May that the reforms would lower waste costs for communities and encourage producers to innovate packaging that supports a circular economy.
A spokesperson for CalRecycle stated the agency does not comment on pending litigation but remains focused on implementing the law. The Circular Action Alliance acknowledged the lawsuit and indicated they are monitoring developments while working toward the law's goals. The group of states joining Nebraska in the lawsuit include Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia. The lawsuit also alleges violations of both the U.S. and California constitutions.