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US states sue California over landmark plastics packaging law


June 23 (Reuters) - California has been sued by 17 U.S. states, which are seeking to undo a new state law designed to limit ?the use of single-use plastic and promote recycling.

In a complaint filed ‌on Monday in the Sacramento, California federal court, the states, each with a Republican attorney general, accused California of trying to "impose its own policy preferences on the ?entire nation" with its Plastic Pollution Prevention and Packaging Producer Responsibility ?Act.

  • The law was signed by Democratic Governor Gavin Newsom in ?2022, and took effect on May 1. It requires producers to ?reduce single-use plastic for packaging and food service items by 25%, and ensure ?that all such items are recyclable or compostable by 2032.
  • States led by Nebraska said the law violates the U.S. Constitution's Commerce Clause by substantially burdening interstate commerce.
  • They also ?said the law will boost prices for consumers, with inflationary effects ?hitting lower-income Americans especially hard, as producers pass on the "extremely expensive" costs of transforming a ‌wide ?range of products and practices.
  • "Once again, California is trying to enact a policy that negatively impacts the rest of the country," Nebraska Attorney General Mike Hilgers said in a statement. "If California goes unchecked, consumers will be ?forced to pay ?more for basic ?necessities."
  • The National Association of Wholesaler-Distributors is also a plaintiff.
  • Defendants include Zoe Heller, who is director of the California ?Department of Resources Recycling & Recovery, and the Circular Action ?Alliance, a "producer ?responsibility organization" charged with implementing the law. The nonprofit said it is also the only such organization in Colorado, Maryland, Minnesota, Oregon and Washington.
  • CalRecycle, as ?Heller's office ?is known, did not immediately respond on ?Tuesday to a request for comment. The Circular Action Alliance did not immediately respond to ?a similar request.

 

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