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A coalition of 17 states and the National Association of Wholesaler-Distributors filed a lawsuit against California in federal court on Monday to block the enforcement of the Plastic Pollution Prevention and Packaging Producer Responsibility Act.
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Nebraska Attorney General Mike Hilgers led the coalition of states filing the lawsuit.
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The states joining Nebraska in the lawsuit are Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and West Virginia.
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Iowa Attorney General Brenna Bird joined the lawsuit challenging California's Plastics Act.
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The lawsuit names Zoe Heller, director of CalRecycle, and the Circular Action Alliance as defendants.
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The lawsuit argues that the Plastic Pollution Prevention and Packaging Producer Responsibility Act violates the U.S. Constitution and the California Constitution.
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The lawsuit asks the court to declare California's law invalid and unenforceable and to halt its implementation.
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The plaintiffs argue that the regulations will cause price increases in everyday necessities that will be passed on to consumers.
Mike Hilgers, Nebraska Attorney General
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Nebraska Attorney General Mike Hilgers said, "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."
Brenna Bird, Iowa Attorney General
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Iowa Attorney General Brenna Bird said, "This is an unprecedented, but not surprising, overreach by California that will raise prices for Iowans on the everyday goods we need to live."
Brenna Bird, Iowa Attorney General
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Iowa Attorney General Brenna Bird said, "Unelected California bureaucrats continue to try to tell every other state how to manufacture and produce everything from livestock to plastic containers."
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The National Association of Wholesaler-Distributors joined the lawsuit.
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Eric Hoplin is the president and CEO of the National Association of Wholesaler-Distributors.
Eric Hoplin, President and CEO of the National Association of Wholesaler-Distributors
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Eric Hoplin said, "California is not entitled to pronounce nationwide policies."
Eric Hoplin, President and CEO of the National Association of Wholesaler-Distributors
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Eric Hoplin said, "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."
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The Plastic Pollution Prevention and Packaging Producer Responsibility Act was enacted in 2022.
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The law requires companies to scale back single-use plastics and ensure all packaging is recyclable or compostable.
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The Act states that sellers can only access California’s markets if they make changes to packaging design, production, and waste disposal.
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Melanie Turner is a spokesperson for CalRecycle.
Melanie Turner, Spokesperson for CalRecycle
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Melanie Turner said in an emailed statement that CalRecycle does not comment on pending litigation and remains focused on implementing the law.
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The Circular Action Alliance stated it was aware of the lawsuit and is monitoring developments while working to implement the law.
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Yana Garcia is California's Environmental Protection Secretary.
Yana Garcia, California Environmental Protection Secretary
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Yana Garcia said, "California is shifting the responsibility of managing single-use plastic and packaging onto the producers. New packaging reforms lower waste costs for communities and decrease garbage and pollution across the state."
Yana Garcia, California Environmental Protection Secretary
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Yana Garcia said, "This approach pushes producers to innovate and design packaging that truly supports a circular economy."
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