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Dual lawsuits challenge California's SB 54 plastics EPR law

California's SB 54 extended producer responsibility law faces two competing lawsuits: 17 US states and a wholesalers' association filed suit on 22 June 2026 arguing the law is unconstitutional, while three environmental groups sued CalRecycle on 2 June 2026 claiming the finalised implementing regulations weaken the law. The litigation leaves consumer product companies operating under SB 54's data reporting, eco-modulated fee and recycling requirements while the outcome remains uncertain. A comparable Oregon EPR law was upheld by a federal court on 27 August 2026, a precedent both sides are watching.

Why this mattersThe outcome will determine whether producers face SB 54's reporting, fee and recycling mandates or a weakened or suspended regime, shaping compliance costs across the US packaging supply chain.

  • SB 54, California's Plastic Pollution Prevention and Packaging Producer Responsibility Act, was signed into law in 2022.
  • CalRecycle finalised revised implementing regulations in May 2026 after a restart ordered by Governor Newsom in March 2025.
  • On 2 June 2026, NRDC, Californians Against Waste Foundation and Oceana Inc. sued CalRecycle claiming the 2026 regulations create loopholes weakening SB 54.
  • On 22 June 2026, 17 US states led by Nebraska and the National Association of Wholesaler-Distributors sued CalRecycle and the Circular Action Alliance, calling SB 54 unconstitutional.
  • CalRecycle estimates packaging accounts for over 50% by volume of California landfill waste.
  • On 27 August 2026, an Oregon federal court rejected a similar NAW challenge to Oregon's plastic packaging EPR law.
Circular Action Alliance counterparty National Association of Wholesaler-Distributors counterparty CalRecycle counterparty Natural Resources Defense Council counterparty
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Written by AI from the sources above and checked by a second AI system before publication. No human wrote or edited this story. How it is made.