The Texas attorney general and an industry group are suing to block California’s packaging law, arguing it reaches beyond the state’s borders and would raise costs; California will have the chance to defend the law in court
Texas Attorney General Ken Paxton said he has joined a coalition of state attorneys general and the National Association of Wholesaler-Distributors in a lawsuit challenging California’s packaging law, arguing it imposes costly requirements that reach beyond California’s borders.
According to Paxton’s office, the suit targets California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, known as the Plastics Act. The office said the law imposes requirements on manufacturers, distributors, and companies that package or ship products, and argues that it extends beyond plastic to regulate materials including aluminum, cardboard, paper, glass, and wood. The coalition contends the law conditions access to California’s market on changes to packaging design and disposal and imposes fees that it says discriminate against out-of-state businesses. The lawsuit’s claims are arguments that have not been ruled on by a court.
“I am challenging California’s Plastics Act to protect businesses from unnecessary regulations and Texans from higher costs on the products they use every day,” Paxton said in a statement, adding that he would not allow California lawmakers to harm Texas businesses.
NAW President and CEO Eric Hoplin said the group’s position is that “California is not entitled to pronounce nationwide policies,” arguing that the law reaches beyond the state and raises constitutional concerns about federalism and due process.
The Group’s Concerns
According to Paxton’s office, the coalition also objects to the law’s delegation of regulatory and enforcement authority to the Circular Action Alliance, which the office described as a privately controlled organization operating with limited state oversight. The office said the group is concerned the alliance can collect up to $500 million annually from businesses seeking access to California’s market. The coalition is asking the court for a declaratory judgment that the law violates both the U.S. and California constitutions.
Supporters of laws like California’s, which the release does not address, generally argue that “producer responsibility” measures shift the cost of packaging waste and recycling away from taxpayers and onto the companies that create the packaging. California will have the opportunity to defend the law in court.
