Republican AGs Challenge California’s Law That Seeks To Limit Single-Use Plastics

A group of 17 Republican attorneys general is suing to block the enforcement of a California law that aims to reduce the use of single-use plastics.The governor of California, Gavin Newsom, signed the Plastic Pollution Prevention and Packaging Producer Responsibility Act into law in 2022. The law, which took effect in May, requires plastic packaging producers to reduce single-use plastics by 25 percent and make their packaging recyclable or compostable by 2032. The Republican-led lawsuit argues that the law violates the Commerce Clause of the Constitution, claiming it interferes with interstate commerce. The complaint also alleges that a provision of the law violates the First Amendment by requiring businesses to register with a private organization, the Circular Action Alliance. Under the law, the Circular Action Alliance will be able to regulate and impose fees on businesses that sell goods in California. It also argues that producers will pass on the “extremely expensive” costs of changing their packaging to consumers and will drive up prices in the rest of the country.Nebraska’s attorney general, Mike Hilgers, who is leading the coalition, said in a statement, “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.”The president of the National Association of Wholesaler-Distributors, which joined the lawsuit, Eric Hoplin, said in a statement, “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.”Mr. Hoplin noted that a similar law was blocked in Oregon. In May, California’s Environmental Protection secretary, Yana Garcia, said the state is “shifting the responsibility of managing single-use plastic and packaging onto the producers.”“This approach pushes producers to innovate and design packaging that truly supports a circular economy,” Ms. Garcia said.Nebraska was joined in its lawsuit by Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia. CalRecycle, which was named as a defendant in the lawsuit, did not respond to the Sun’s request for comment. The Circular Action Alliance did not respond to a request for comment.

Republican AGs Challenge California’s Law That Seeks To Limit Single-Use Plastics

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