As national and international efforts to combat plastic pollution encounter hurdles, it is increasingly falling upon local governments in the United States to address this environmental challenge. States and municipalities are adopting measures to tackle plastic waste by utilizing legislative and judicial mechanisms.
A significant portion of these local efforts focuses on microplastics. For instance, while the federal government has yet to establish any specific regulations, California has forged ahead with its own standards for measuring microplastics in drinking water. This move began with a California law passed in 2018, compelling the State Water Resources Control Board to define microplastics and establish testing criteria.
Following California’s lead, states like New Jersey and Illinois have initiated their own legislation mandating microplastics testing in water. Further preventative measures are underway in Rhode Island, where proposed laws would ban products containing intentionally added microplastics.
Extended producer responsibility (EPR) statutes represent another area where state-level actions have proved fruitful. Seven states have enacted EPR legislation concerning plastics, transferring the onus of safe disposal from consumers to producers, particularly for single-use plastic items. These laws could have substantial implications for corporations, obliging companies to reckon with the lifecycle of their products.
In the courtroom, litigation is becoming an increasingly common tool for city and state attorneys as they hold corporations accountable. Over recent years, there has been a marked rise in legal action targeting plastic manufacturers. Notably, the city of Baltimore has filed suit against major companies, including PepsiCo and Coca-Cola, accusing them of contributing to a public nuisance by exacerbating plastic pollution.
These actions parallel earlier litigation efforts in New York, where the state’s attorney general previously brought claims against PepsiCo for its impact on local waterways. In Minnesota, a settlement was reached in similar litigation led by the state’s attorney general against Reynolds Consumer Products over misleading recyclability claims for its Hefty garbage bags. Meanwhile, Connecticut continues to pursue legal action against the same company.
California remains at the forefront of legal action having opened investigations into the petrochemical sector’s role in perpetuating recycling myths. These inquiries culminated in a lawsuit against companies like ExxonMobil, alleging they engaged in deceptive trade practices.
These localized efforts underscore the growing emphasis on state and municipal actions to address plastic pollution. Facing a lack of comprehensive federal policies, local and state entities are stepping up to script a solution through legislative and judicial avenues. For further insights, you can view the full report here.