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.
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.