Georgia joins multi-state lawsuit challenging California's plastics packaging law

Georgia is one of 17 states involved in a lawsuit trying to block California from enforcing a recycling law that aims to reduce plastic packaging waste.

The law, formally known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act, was enacted in 2022.

The lawsuit, filed Monday in federal court, argues that California's recently finalized regulations that will gradually require companies to scale back single-use plastics and ensure all packaging is recycling or compostable should be struck down. The plaintiffs called the regulations "onerous mandates" that will cause steep price increases in everyday necessities that will be passed on, at least in part, to consumers.

"California has no right to tell us how to manage our businesses here in Georgia, and yet that's exactly what the Plastics Act attempts to do," Attorney General Chris Carr said. "This is an unconstitutional mandate from West Coast elites, who are fine with asking everyday Americans to pay more just so they can advance an activist agenda. It's regulatory overreach, and we're fighting back to protect Georgia producers and consumers."

The coalition of 17 states and the National Association of Wholesaler-Distributors argue the law violates both the U.S. and California constitutions. They are asking the court to declare California's law invalid and unenforceable, and halt its implementation.

In a release announcing the lawsuit, the Georgia's Office of the Attorney General says called the economic consequences of the California law significant, saying that it is expected to "drive up prices on everyday goods, disproportionately affecting low-income and vulnerable populations."

The lawsuit names as defendants Zoe Heller, director of California's recycling agency known as CalRecycle, and the Circular Action Alliance, a nonprofit involved with implementing the law.

Melanie Turner, a spokesperson for CalRecycle, said in an emailed statement that the agency does not comment on pending litigation and that it remained focused on implementing the law.

The alliance said in a statement that it was aware of the lawsuit and closely monitoring developments while at the same time working to implement the law's "ambitious goals."

In a May news release announcing regulations under the law, state officials said the changes would fight plastics pollution while protecting the interests of taxpayers and local governments.

"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," Environmental Protection Secretary Yana Garcia said in a statement. "This approach pushes producers to innovate and design packaging that truly supports a circular economy."

Joining Georgia in the lawsuit were 16 other states with Republican attorneys general: Alabama, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.

Environmental groups also have sued over the law. A coalition that included the Natural Resources Defense Council recently filed a complaint over what it argued were "weakened" final regulations for the "landmark" law.

The Associated Press contributed to this report.