ATLANTA — Georgia Attorney General Chris Carr announced that he was joining a 17-state coalition in suing the State of California.
Along with the National Association of wholesaler-Distributors, 17 attorneys general are suing California over its recently passed Plastics Act.
The Plastic Pollution Prevention and Packaging Producer Responsibility Act, the Plastics Act of 2022, sets what Carr’s office calls “extensive requirements on manufacturers, distributors and companies that package or ship products in plastic containers or use other types of packaging materials that merely incorporate plastics.”
The law includes products that incorporate plastic, not just fully plastic containers, meaning items that are packaged in aluminum, cardboard, paper, glass and wood, according to Carr’s office.
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The attorney general said the law will lead to increased costs for consumers, making basic needs more expensive for everyone.
“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,” Carr said in a statement. “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.”
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The NAW and attorneys general that are suing California allege the law violates both the U.S. Constitution and the California Constitution.
“California is not entitled to pronounce nationwide policies,” Eric Hoplin, President and CEO of NAW, said. “Because the Act extends California’s regulatory reach far beyond its borders and brings within its sweep conduct wholly unconnected to California, the Act violates principles of federalism, the horizontal separation of powers, and due process.”
Carr’s signing onto the lawsuit adds Georgia to the list of other states, including Alabama, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia.
The attorney general’s office said the Plastics Act’s provisions has minimal oversight and would let the Circular Action Alliance, a private organization, collect potentially as much as $500 million from businesses trying to participate in California’s economy.
The CAA was chosen by the State of California to administer the Plastics Act programs to manage collections for the act’s provisions and disburse the funds to the state in a 10-year period.
“Additionally, the PRO must remit to the state $500 million each year, starting in 2027 and ending in 2037 to be placed in the California Plastic Pollution Mitigation Fund,” CAA says on their website.
However, in order for the non-profit to manage the collections, the Plastics Act requires they select board members to oversee the work.
A public hearing and comment period is required before this process concludes. Public comment is open through Aug. 14.
Channel 2 Action News has reached out to the California Governor’s Office and California Attorney General for comment on the lawsuit.
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