In our June 12, 2023, blog, we discussed the Biden-Harris, “Draft National Strategy to Prevent Plastic Pollution.” When the White House announced (April 21, 2023) the National Strategy to Prevent Plastic Pollution, they also announced (among other items) a new Interagency Policy Committee (IPC) on Plastic Pollution and a Circular Economy. In July 2024, the IPC released an 83-page report.
The White House’s Plastic Strategy
Commenting on the IPC, Holland and Knight wrote, “The White House’s Plastic Strategy presents ongoing and proposed federal actions to combat plastic pollution across the life cycle of plastics, ‘from the extraction of raw materials used to create plastic polymers, such as fossil fuels, to pollution resulting from mismanaged waste.’ It pays particular attention to the elimination of single-use plastic across the federal government and national supply chain, announcing the new Biden-Harris Administration goal to phase out federal procurement of single-use plastics from food service operations, events and packaging by 2027 and from all federal operations by 2035.”
According to the IPC, their two essential findings are
- To successfully combat plastic pollution, the United States must take a comprehensive approach that addresses the impacts of plastic throughout the entire lifecycle.
- The scope, scale, and complexity of plastic pollution require coordinated action from all levels of government.
They also state in the document, “While the IPC recognizes that more work, collaboration, and investment are needed to spark a whole-of-society approach to address plastic pollution, this document serves as a foundation for federal action, outlining a path forward to comprehensively address, coordinate, and catalyze effective action on plastic pollution across the Federal Government and with partners abroad.”
This suggests the potential for regulatory development in the future to address plastic pollution, which they refer to as a “crisis.”
Plastics and Environmental Justice
If you have been tracking environmental regulatory developments under Biden-Harris, you will not be surprised to find that environmental justice (EJ) plays a prominent role in addressing plastics in the environment. EJ is mentioned 40 times in the IPC document. For example, “The Biden-Harris Administration recognizes that plastic pollution is a serious environmental justice concern and is committed to advancing the goal of environmental justice as part of implementing plastic pollution actions outlined in this document.”
Plastics are important for medical uses, food and beverages, and more. Mismanagement of plastics has caused negative ecological impacts (Photo by Sophia Marston on Unsplash).
State Legal Actions Regarding Plastics
In addition to the efforts on the federal level, some states are focused on reducing plastics as well as “greenwashing” claims regarding recyclability of plastics.
The following are excerpted from a recent blog by Crowell and Moring.
“On September 23, 2024, California Attorney General Rob Bonta filed a suit, alleging that a top fossil fuel company misled consumers about recyclability to encourage the purchase of single-use plastic products.”
“In June 2022, Connecticut Attorney General William Tong sued Reynolds Consumer Products, Inc., under the Connecticut Unfair Trade Practices Act. Attorney General Tong alleged that the company knew its Hefty brand “recycling” trash bags were not recyclable in Connecticut but advertised them as such. That same month, Minnesota Attorney General Keith Ellison filed a similar lawsuit against two major retailers for alleged violations of the Minnesota Consumer Protection Act. Attorney General Ellison accused both companies of deceiving Minnesota consumers by marketing Hefty and Great Value brand plastic bags as “recycling” bags, even though the bags were not recyclable in Minnesota.”
“In November 2023, New York Attorney General Letitia James filed a lawsuit against PepsiCo for public health and environmental harms arising from single-use plastic production in New York. The lawsuit alleges that PepsiCo substantially impairs public health in Buffalo, fails to warn consumers about the potential health and environmental risks of its single-use plastic packaging, and misleads consumers about its efforts to combat plastic pollution.”
Source of Plastic Pollution
Few would disagree with the need to address plastic waste, which often ends up in our oceans and on our beaches. Much of the plastic pollution comes from mismanaged plastics that come from rivers across the globe. Originally, it was believed that only a handful of rivers were the source of plastics entering the oceans. More recent research suggests that plastics are coming from nearly 1,700 rivers.
According to Our World in Data, “Seven of the top ten rivers are in the Philippines. Two are in India, and one in Malaysia. The Pasig River in the Philippines alone accounts for 6.4% of global river plastics. This paints a very different picture to earlier studies where it was Asia’s largest rivers – the Yangtze, Xi, and Huangpu Rivers in China, and Ganges in India – that were dominant.”
Proper management/disposal of plastics could go a long way in reducing the problem of plastics in the environment.
Canadian Regulation of Plastic
Our neighbors in Canada have also been developing regulations to address plastics. Last year they classified plastics as a “toxic substance” under the Canadian Environmental Protection Act only to have this overturned in the court. More recently, they have created the Federal Plastics Registry (see our August 7, 2024, blog on our Canadian website).
Fall Elections and Political Calculus
Finally, environmental regulations are not simply a matter of science; they have a significant political component. As discussed in our May 2, 2024, blog, the Biden Administration passed several significant environmental regulations earlier this year in anticipation of a potential Trump win on November 5th. A September 19, 2024, article in Inside EPA (paywall protected) states, “Brittany Bolen, a former Trump EPA policy advisor now at Sidley Austin says she expects Trump would roll back major Biden rules and that he would revive first term policy priorities, including ‘energy dominance.’”
We may all have a better idea of the fate of several environmental regulations post-election day.
Environmental Advice
Dragun Corporation has been assisting the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988. If you need assistance with an environmental issue, including litigation support, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, frequent speaker, and expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
Follow Dragun Corporation on LinkedIn, X, or Facebook.
Sign up for our monthly environmental newsletter.
Principled Foundation | Thoughtful Advice | Smart Solutions
Established in 1988