17 States and Trade Group Sue California Over Plastics Packaging Law

A coalition of 17 states and a trade association representing U.S. wholesalers and distributors filed suit Monday in federal court to block enforcement of California's recycling regulations under the Plastic Pollution Prevention and Packaging Producer Responsibility Act.

The lawsuit challenges rules finalized earlier this year that require companies to reduce single-use plastics and make all packaging recyclable or compostable. Plaintiffs contend the requirements amount to "onerous mandates" that will increase costs for everyday goods.

"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," Nebraska Attorney General Mike Hilgers said in a news release.

The 2022 law applies to virtually every product packaged or shipped in plastic containers and to other packaging materials that incorporate plastics. The National Association of Wholesaler-Distributors, whose members import and distribute goods in California, joined the suit.

"California is not entitled to pronounce nationwide policies," Eric Hoplin, the trade association's president and CEO, said in a statement. The complaint alleges the law violates the U.S. and California constitutions by extending regulatory reach beyond state borders.

The suit names as defendants Zoe Heller, director of California's recycling agency known as CalRecycle, and the Circular Action Alliance, a nonprofit involved in implementing the law. It asks the court to declare the law invalid and halt its enforcement.

A CalRecycle spokesperson said the agency does not comment on pending litigation and remains focused on implementation. The alliance stated it is aware of the lawsuit and continues work on the law's goals. Environmental groups have also challenged the regulations, with one coalition filing a separate complaint alleging the final rules were weakened.