On September 26–27, 2024, a bipartisan group of state attorneys general (AGs) was joined by nonprofit advocates, academics, and industry stakeholders for a Plastics Forum convened by Connecticut AG William Tong and the State Energy & Environmental Impact Center at NYU Law, to discuss the plastics pollution crisis and explore potential policy and enforcement solutions. California AG Rob Bonta delivered the keynote address, while New York AG Letitia James, Oregon AG Ellen Rosenblum, and New Hampshire AG John Formella also participated, with AG James and AG Rosenblum attending virtually.
AG Bonta’s keynote address focused on the wide-ranging impacts of plastic waste on the environment and public health. He underscored how plastic pollution is pervasive in the oceans, affects wildlife, and poses potential risks to human health. Drawing comparisons to public health crises like tobacco and opioids, he stressed the need to hold companies accountable and ensure they fund the remediation of environmental harm.
Plastics Production, Consumption, and the Limitations of Recycling
A key theme throughout the Forum was growing consumer reliance on single-use plastics, which has resulted in significant plastic waste. There was skepticism that recycling is a viable solution for dealing with the mountain of plastic waste, due to various factors including the many different types of plastics, chemicals, and dyes, all of which make recycling difficult.
Participants also discussed concerns regarding the presence of microplastics—small plastic particles (5 mm or less)—in various parts of the environment and the human body. The recycling process itself can generate microplastics and suffers from declining efficiency with each generation of recycled material. In addition to the health risks that have been linked to microplastics, including endocrine disruption, reproductive health issues, and chronic disease, panelists highlighted the potential for contamination of food and beverages due to chemicals leaching from plastic packaging.
Proposed Solutions and Potential Alternatives
The participants overwhelmingly agreed that reducing plastic consumption should take priority over recycling, emphasizing again that recycling alone cannot resolve the plastics problem and advocating for prioritizing systemic reductions in plastic production through robust public policies rather than relying on voluntary industry efforts. They called for private and public investment in reuse infrastructure at both the state and local levels to reduce reliance on single-use plastics.
Other potential solutions discussed included stronger state-level action to address plastic use, such as legislative bans on plastic packaging containing particularly harmful chemicals, and community-based solutions that directly address the needs of those disproportionately impacted by plastic pollution. Extended Producer Responsibility (EPR) policies were widely referenced as an effective policy tool for shifting responsibility for plastic waste back to manufacturers. “Eco-modulation” fees, which charge companies based on the environmental impact of their packaging materials, and “bottle bills” were both seen as useful tools for in incentivizing reuse. New York, which aims to reduce plastic packaging by 10% over ten years and eliminate toxic components, was lauded as a strong model for state-level policy.
Legal Action and Environmental Justice in Tackling Plastic Waste
While encouraging AGs to pursue enforcement actions against companies contributing to the plastics crisis (including through truth-in-labeling laws, state UDAP laws, and public nuisance claims), some panelists cautioned against overly aggressive enforcement that could stifle innovation in sustainable packaging. They advocated for a balanced approach, suggesting that while enforcement is crucial, there should be space for companies to develop and implement new solutions.
New York AG Letitia James in particular emphasized the essential role of state and local governments in combating environmental degradation and advancing environmental justice. AG James highlighted the importance of grassroots advocacy and underscored states’ legal and moral obligations to protect their residents from environmental harm.