A statewide law aimed at cracking down on single-use plastics is already facing backlash from both environmental groups and the packaging industry, with critics warning newly approved regulations may have created “huge loopholes” that undercut the intent of the landmark measure.

Just days after California’s long-awaited rules officially took effect, environmental advocates announced plans to challenge the regulations in court, arguing that the changes inserted by state regulators weaken protections that lawmakers originally promised, the Los Angeles Times reported.

Environmental groups backing the legal threat include the Sacramento-based organization Californians Against Waste and the Natural Resources Defense Council.

“These new rules create huge loopholes for plastic packaging that violate the law,” Avinash Kar, senior director of the toxics program at NRDC, told The Times. “We expect to challenge this in court.”

At the center of the dispute is Senate Bill 54, formally known as the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which was signed by Gavin Newsom in 2022.

Supporters hailed the measure as one of the nation’s toughest anti-plastic laws because it forces manufacturers and packaging companies to reduce plastic waste and ensure that all packaging sold in California becomes recyclable or compostable by 2032.

The law also shifts the financial burden of waste disposal away from taxpayers and local governments and onto the companies producing the packaging.

But environmental activists now say the state’s final regulations — developed by CalRecycle — carve out exemptions that could allow some plastic products and recycling methods to escape scrutiny.

One major concern involves so-called “chemical recycling,” a controversial process critics argue can generate significant hazardous waste.

While the law’s original language barred recycling systems that create substantial hazardous byproducts, opponents say the final regulations permit such facilities so long as they obtain the proper permits.

Advocates also raised alarms about exemptions tied to federal law.

According to critics, companies may be able to claim federal preemption protections for certain packaging products and receive exemptions while awaiting review from regulators.

Kar warned that the process could create what he described as a “forever loophole” if claims are not promptly evaluated.

“Californians were promised a system where producers take real responsibility for the waste they create,” Nick Lapis, advocacy director for Californians Against Waste, told the LA paper. “When regulations introduce broad exemptions and redefine key terms, that promise starts to erode.”

The controversy has also drawn criticism from the business community, though for different reasons.

The National Association of Wholesaler-Distributors, which previously sued the state of Oregon over a similar law, said companies remain concerned about compliance costs and potential constitutional issues tied to California’s rules.

“We see a lot of the same problems in California that we flagged in Oregon,” association spokesman Matt Clarke told the Times. “Given California’s scale, the cost implications are going to be even larger.”

A separate report from the Circular Action Alliance estimated the law could sharply raise disposal-related costs for certain common plastic products.

Jan Dell, who leads the anti-plastic advocacy group The Last Beach Cleanup, said she believes companies would ultimately shift those added costs onto consumers. Dell warned that unless manufacturers succeed in challenging the fees in court, Californians could see higher prices on everyday goods — particularly groceries — in the years ahead.

CalRecycle, which Newsom’s office directed the California Post to for comment, said it does not comment on pending or potential litigation. The department added that it “remains focused on implementing SB 54 and advancing requirements established in statute.”

---

Download The California Post App, follow us on social, and subscribe to our newsletters