Seventeen Republican attorneys general filed a federal lawsuit Monday challenging a California environmental law that they argue impacts the entire country.
The lawsuit, led by Republican Nebraska Attorney General Mike Hilgers, is challenging California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, according to the suit. The law — which Democratic Gov. Gavin Newsom signed in 2022 — imposes extensive requirements for companies, manufacturers, and distributors that package or ship products to California.
“The act offends state sovereignty,” the lawsuit claims. “California is not entitled to pronounce nationwide policies; it has no power to ‘project its legislation’ into other States as if it were among equals.”
A Monday press release from Hilgers’ office claims that the legislation forces “businesses across the country to comply with California’s contrived environmental preferences” and impacts “virtually every business that uses plastic packaging.”
“The Plastics Act’s onerous requirements are expected to drive up prices on everyday goods, disproportionately affecting low-income and vulnerable populations,” the release adds.
The states joining Alabama in the suit against the California Department of Resources and Recycling and Recovery (CalRecycle) include Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia. All of the states have Republican attorneys general.
CalRecycle told the Daily Caller News Foundation it does “not comment on pending or potential litigation” and “remains focused” on implementing the law and “advancing requirements established in statute.”
When asked for comment, Hilgers’ office referred the DCNF to its press release.
“Once again, California is trying to enact a policy that negatively impacts the rest of the country. If California goes unchecked, consumers will be forced to pay more for basic necessities,” Hilgers said in the release.
“No state should limit interstate commerce, let alone delegate the power to set and collect taxes to a third party outside of the scope of public scrutiny,” said Eric Hoplin, President and CEO of the National Association of Wholesale-Distributors (NAW), said in the company’s Monday press release. NAW is the only business plaintiff in the case.
“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,” Hoplin added, according to the press release.
California’s law also requires businesses to register and pay fees for the Circular Action Alliance (CAA), according to NAW’s press release. CAA is a non-profit dedicated to implementing Extended Producer Responsibility laws on paper and packaging, according to its website.
The alliance is allowed to collect fees of up to $500 million for businesses seeking access to California’s market, the press release from Hilgers’ office noted.
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