California’s landmark anti-plastics law sparks anger as 17 states moves to sue

Industry groups say the law places an undue burden and financial cost on manufacturers. Photograph: Allison Dinner/EPA View image in fullscreen Industry groups say the law places an undue burden and financial cost on manufacturers. Photograph: Allison Dinner/EPA California’s landmark anti-plastics law sparks anger as 17 states moves to sue Ambitious plan to phase out single-use plastic opposed by chemicals industry – while green groups say law too timid A groundbreaking California law that compels packaging producers to phase out single-use plastics is already sparking anger from the chemicals industry and environmental groups just weeks after going into effect. The law, which was signed by Governor Gavin Newsom in 2022 but only took hold in May, requires plastic and packaging companies to use less single-use plastic, and ensure by 2032 that all packaging is either recyclable or compostable. The big idea is to incentivize producers of plastics to consider the end of their products’ life in order to create better, more sustainable bottles, containers and wrappings. Under the new rules, plastic producers have to cut single use plastic, increase recycling rates, and pay $5bn to remedy harms from plastic pollution. The science of plastic recycling is not encouraging: only 5-6% of plastic is ever recycled . And despite progress in recent years with local bans on plastic bags and packaging, and producers touting new technologies, experts say that rate is unlikely to change because the low cost of creating new plastic – and the markets for selling recycled plastic have dropped when China and other countries drastically reduced the amount of plastic they would purchase from the US. But industry groups say the law puts an undue burden and financial cost on manufacturers in other states who will still have to comply in order to do business in California. And on Monday, a coalition of 17 states sued in an effort to block the law. One issue, they say, is that California’s law requires businesses to register and pay fees to a private state-appointed entity called Circular Action Alliance. “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,” said Eric Hoplin, president and CEO of the national association of wholesalers, which joined the lawsuit, said in a statement this week. Heidi Sanborn, executive director of the National Stewardship Action Council, who negotiated part of the bill, says the question is not whether there is a cost in dealing with plastics at the end of their lifespan. “The question is who pays for it and whether the system is designed to deliver the greatest environmental benefit in the most cost-effective way possible,” she says. She says that currently, the cost of managing packaging waste falls largely on local governments, taxpayers, ratepayers, and small businesses, while the new law shares that responsibility with the companies that