Attorney General JB McCuskey joined a coalition of 16 state attorneys general and the National Association of Wholesaler-Distributors (NAW) in challenging California’s Plastics Act to defend the interests of consumers and producers across the United States. The lawsuit intends to stop the costs that will be passed on to consumers, making basic necessities more expensive for everyone.
In an unprecedented overreach, California has enacted the Plastic Pollution Prevention and Packaging Producer Responsibility Act (“the Plastics Act”), imposing extensive requirements on manufacturers, distributors and companies that package or ship products in plastic containers or use other types of packaging materials that merely incorporate plastics. This law impacts all packaging and goes well beyond regulating plastic; it regulates aluminum, cardboard, paper, glass, and even wood.
Under the Act, companies that want to do any business in California would need to comply with the radical requirements of the Act which dictates packaging design, production, and waste disposal. But the Plastics Act’s mandates will reach far beyond California, impacting virtually every business that uses plastic packaging, regardless of their state. The economic ramifications are significant, driving up prices on everyday goods and disproportionately affecting low-income and vulnerable populations.
“When West Virginians are already struggling with the rising cost of fuel and products, the last thing they need is another state’s extreme environmental policies driving those costs even higher. This office will not stand by and let that happen,” Attorney General McCuskey said.
“California is not entitled to pronounce nationwide policies,” said Eric Hoplin, President and CEO of NAW. “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.”
Concerned states also highlight the Act’s delegation of regulatory and enforcement powers to the unelected Circular Action Alliance, an unaccountable private organization. With minimal oversight from California, the Alliance is empowered to collect up to $500 million annually from businesses seeking access to California’s market, raising concerns about transparency and accountability.
The lawsuit seeks to stop the enforcement of the Act with a declaratory judgment that it violates both the United States Constitution and the California Constitution.
Joining Attorney General McCuskey in the lawsuit are the Attorneys General of Alabama, Florida, Georgia, Idaho, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas and Utah.
Read the lawsuit here.