Story perspectives

Seventeen GOP AGs Sue California Over Plastic Ban

6/25/2026

Summary

Republican AGs Sue

Seventeen Republican attorneys general, led by Nebraska Attorney General Mike Hilgers, sued California in the Eastern District of California over the Plastics Act.
The Act, signed by Gavin Newsom in 2022, mandates a 25% cut in single-use plastic and requires all packaging recyclable or compostable by 2032.
Plaintiffs claim the law will raise consumer prices and breaches the Commerce Clause, while California appointed the nonprofit Circular Action Alliance to implement it.

Summary

Wholesaler-Distributors Challenge

The Association of Wholesaler-Distributors joined a 17-state coalition as a plaintiff in a lawsuit over California’s packaging law.
President Eric Hoplin said the Act breaches federalism, separation of powers and due process.
The complaint says the Circular Action Alliance could collect up to $500 million from firms seeking market access.
The suit names Zoe Heller, director of CalRecycle, as a defendant and says the law forces packaging redesign costs beyond California.

History

Historical Context

Supreme Court’s 1995 United States v. Lopez decision, the first since 1937 to curb Congress’s Commerce Clause authority, signaled a renewed federalism limit later reinforced by United States v. Morrison (2000). Today, Nebraska Attorney General Mike Hilgers and 16 other Republican attorneys general, with the Association of Wholesaler-Distributors, argue that California’s 2022 Plastics Act similarly overreaches, risking a nationwide injunction.

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Republican AGs Sue

Seventeen Republican attorneys general, led by Nebraska Attorney General Mike Hilgers, sued California in the Eastern District of California over the Plastics Act.
The Act, signed by Gavin Newsom in 2022, mandates a 25% cut in single-use plastic and requires all packaging recyclable or compostable by 2032.
Plaintiffs claim the law will raise consumer prices and breaches the Commerce Clause, while California appointed the nonprofit Circular Action Alliance to implement it.

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