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Multiple States Sue over California’s Plastics Packaging Law
The coalition says the law violates the Commerce Clause and First Amendment and seeks to halt enforcement while the case proceeds.
On Monday, a 17-state coalition led by Nebraska Attorney General Mike Hilgers filed a federal lawsuit in the U.S. District Court of Eastern California challenging SB 54, California's extended producer responsibility law.
Plaintiffs argue the law, which mandates producers cut single-use plastic by 25% by 2032, violates the Commerce Clause and improperly delegates regulatory power to the Circular Action Alliance, a private organization.
The National Association of Wholesaler-Distributors joined the 17-state coalition, alleging the law infringes on First Amendment rights by forcing businesses to support an organization they may oppose.
Environmental groups like Oceana also sued the state this month, claiming the finalized regulations create loopholes that undermine the law's recycling goals, while CalRecycle declined to comment on pending litigation.
The challenge mirrors an ongoing dispute over Oregon's similar packaging law, where a judge temporarily blocked enforcement in February, with a five-day trial scheduled for next month.