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 effect 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.
This is why we should never involve industry groups in writing legislation. They’ll challenge it in the courts no matter what, so why water it down before passing the bill:
Since industry groups were part of the law’s creation, it’s ironic that they are now suing, says Judith Enck, a former EPA administrator who leads Beyond Plastics, an environmental advocacy group. “The industry negotiated this bill, and yet they’re trying to undercut it with this lawsuit,” she says. “There’s a big difference between filing a lawsuit and winning a lawsuit, and I would be surprised if they prevailed.”
I was wondering why environmental groups would be unhappy with this:
Meanwhile, a coalition of environmental groups, including the NRDC, is also challenging the law – but for different reasons. They say the state’s rules break the law by allowing recycling methods that create toxic waste, and by letting some plastics slip through the rules entirely by changing the definition of recycling.
“We need to make sure the recycling that happens under it is real and not imaginary and not greenwashing, and we need to make sure that all plastic products that were intended to be covered by the law are covered – and those are the loopholes that were created by the regulations that were finalized, and that’s why we’re suing now,” says Kar.
Me too, thank you
So many years to implement it. The chems companies could also have started producing replacements ages ago and still gotten money, but instead to the lazy/greedy route. No sympathy.
I wonder why those states that aren’t California think they have standing to sue?
Interstate commerce probably.
Yes, the dormant Commerce Clause specifically. One state cannot unduly burden interstate commerce nor use their size to force national standards since manufacturers cannot feasibly have a California packaging, then another for 49 other states.
Sadly, there is a real chance that the suing states prevail.
The group pushing for the legislation: Beyond Plastics. (No affiliation, just trying to spotlight the helpers.)
It’s so great to see a US state approach EU levels of beneficial regulation. What did Californians do right? Did they primary progressive reps in a lot of districts?
No there’s just zero republican power in the state to disrupt common sense stuff.
Don’t get be wrong democrats are still very problematic on some issues but on others they get a bit too much blame for what is really republican obstruction.
I see. I would have expected less from an average Democratic legislature. Or rather, more susceptibility to lobbying
Might wanna to ruminate on why that would be
because the democratic party is largely and openly on the take?
You literally just described 90% of US politicians. Why single out one party?
because one is littering about their intentions. the other is open about being racist destroyers of the world
I’m not in California, but here in Ontario at least, they’ve largely phased out single use shopping bags. However, the recyclers don’t seem to want to deal with multi-use bags, which do eventually wear out. They just go straight to the landfill, while they are still willing to take the single-use ones. I get that less garbage volume in general is a good thing, but how could they not get this one thing right after the giant overhaul of supply chains and everything?
