Commerce Clause

Seventeen Republican attorneys general led by Nebraska's Mike Hilgers sued California over its single-use plastics law, arguing it will increase consumer costs and violate the Commerce Clause. The law requires plastic packaging producers to reduce single-use plastics by 25% and ensure all packaging is recyclable or compostable by 2032. California appointed the nonprofit Circular Action Alliance to help implement the law.

Seventeen Republican attorneys general, led by Nebraska's Mike Hilgers, sued California over its Plastics Act, which mandates reducing single-use plastics and ensuring recyclable or compostable packaging by 2032. The lawsuit claims the law will increase consumer costs and violates the Commerce Clause by interfering with interstate commerce. California appointed the nonprofit Circular Action Alliance to help implement the law.

Over a dozen states and a wholesaler association sued California's recycling agency administrator to block a law requiring 100% recyclable single-use plastic packaging by 2032, arguing it violates constitutional provisions on interstate commerce and imposes excessive costs. The lawsuit challenges the Plastic Pollution Prevention and Packaging Producer Responsibility Act as overly broad and infringing on state sovereignty.

The article discusses how Congress's powers are meant to be limited and clearly defined. It highlights unresolved structural issues stemming from the Commerce Clause era.