17 States Sue California Over Plastic Recycling Law Citing Constitutional Issues
Seventeen states sued California challenging its plastic recycling law’s constitutionality.
Why it matters: This lawsuit questions the authority of state-level environmental mandates, affecting packaging producers and interstate commerce. Legal professionals must monitor potential shifts in regulatory power and compliance obligations.
- Seventeen states filed suit on June 22, 2026, against California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54).
- SB 54 requires single-use packaging to be 100% recyclable or compostable by 2032 and mandates a 65% statewide recycling rate by the same year.
- The law, signed by Governor Gavin Newsom on June 30, 2022, established a Producer Responsibility Organization (PRO) overseen by CalRecycle, California’s waste management agency.
- Environmental groups separately challenged the regulations in June 2026, claiming they are too lenient and fail to meet the law’s goals.
On June 22, 2026, seventeen states filed a lawsuit against California, asserting that the Plastic Pollution Prevention and Packaging Producer Responsibility Act, also known as SB 54, violates constitutional provisions, including the Commerce Clause and federal preemption principles. Detailed legal filings have yet to be made public, but the plaintiffs contend the law improperly regulates out-of-state commerce and interferes with federal authority.
SB 54, enacted on June 30, 2022, imposes stringent requirements on producers of single-use packaging and food serviceware to ensure all covered products are fully recyclable or compostable by 2032. The law also sets a target of diverting 65% of such materials from landfills through recycling by the same deadline.
To implement SB 54, the law created a Producer Responsibility Organization (PRO), a group of manufacturer representatives responsible for managing compliance programs. This entity functions under the oversight of CalRecycle, California’s agency tasked with waste diversion and recycling programs.
The regulatory rollout has faced delays: after initial rulemaking, the Newsom Administration reopened the process on March 7, 2025, to revise the program’s timelines and requirements. Enforcement actions will not commence until the rules are finalized.
Adding to the complexity, several environmental organizations challenged CalRecycle’s May 2026 regulations in June, arguing that the rules undermine SB 54’s environmental goals by allowing too many exemptions and failing to meet the 100% recyclability mandate.
California officials defend the law’s significance. Attorney General Rob Bonta pointed out that, "plastic bags and packaging contribute substantially to landfill and ocean pollution," underscoring the law’s need. Graham Knaus, CEO of the California State Association of Counties, emphasized the potential to reduce pollution and lower waste handling costs for municipalities.
This case could serve as a bellwether for the limits of state environmental regulations affecting interstate commerce and packaging industries. Legal teams in related sectors should watch for forthcoming court documents and rulings.
By the numbers:
- 17 states — plaintiffs suing California over SB 54 as of June 22, 2026
- 100% — recyclability or compostability requirement for single-use packaging by 2032
- 65% — mandated recycling rate by 2032 for plastics and packaging under SB 54
Yes, but: While the lawsuit alleges constitutional violations, the plaintiffs have not yet detailed which provisions are specifically infringed or submitted formal court documents publicly; the law remains operative pending the outcome.
What's next: Court filings and initial hearings on the case are expected later in 2026. Industry stakeholders should monitor regulatory updates from CalRecycle and public statements from both plaintiff states and California officials.