17 red states sue California over ‘onerous’ recycling law: ‘California is not entitled to pronounce nationwide policies’

A coalition of 17 states and a trade association representing U.S. wholesalers and distributors have sued California to block the enforcement of a stringent recycling law that aims to reduce plastic packaging waste. The lawsuit, filed Monday in federal court, argues that California’s recently finalized regulations that will gradually require companies to scale back single-use plastics and ensure all packaging is recycling or compostable should be struck down. The plaintiffs called the regulations “onerous mandates” that will cause steep price increases in everyday necessities that will be passed on, at least in part, to consumers. “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, who led the coalition, said in a news release. The law, called the Plastic Pollution Prevention and Packaging Producer Responsibility Act, was enacted in 2022. “Virtually every product packaged or shipped in plastic containers, as well as a significant number of other types of packaging materials that merely incorporate plastics, fall into the Act’s remarkable sweep,” the lawsuit said. The National Association of Wholesaler-Distributors, which represents companies that import and distribute goods in California, also joined the lawsuit. “California is not entitled to pronounce nationwide policies,” Eric Hoplin, the trade association’s president and CEO, said in a statement. “Because the Act extends California’s regulatory reach far beyond its borders and brings within its sweep conduct wholly unconnected to California, the Act violates principles of federalism, the horizontal separation of powers, and due process.” The lawsuit argues the law violates both the U.S. and California constitutions. It asks the court to declare California’s law invalid and unenforceable, and halt its implementation. The law