New Report Helps Cities and States in Legal Fight Against Plastic Pollution and Mounting Costs

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WASHINGTON, June 26, 2024 – Even as awareness of the scale of the plastics crisis grows, the financial and economic impacts of that crisis on governments have received far less attention. A new report released today by the Center for International Environmental Law (CIEL) —  Making Plastic Polluters Pay: How Cities and States Can Recoup the Rising Costs of Plastic Pollution— exposes how plastic pollution places ever-greater burdens on the resources, budgets, and economies of US cities and states alike, and equips state and local governments with legal tools to hold plastic producers accountable for their harms. 

“States and cities are on the frontlines of the growing plastics crisis and the mounting costs it imposes on governments and economies. From increased waste management and infrastructure costs, to lost revenues for tourism and fisheries, as well as rapidly-growing health costs from pervasive plastic pollution, states and communities are sacrificing budgets, resources, and revenues to the plastics crisis,” said CIEL President Carroll Muffett. “This report not only highlights the key corporate drivers of that crisis, but equips governments with robust legal tools to seek remedies, recover costs, and hold polluters accountable.”

States, counties, and municipalities grapple with the profound, widespread, and costly impacts of plastic pollution. The relentless production, use, and disposal of plastics not only damages waste management and recycling systems but also clogs drainage and stormwater systems, disrupts water treatment facilities, and requires increased investments in infrastructure, maintenance, and operations costs. State and local governments bear the costs of extensive cleanups of public lands and waterways, while also facing repercussions in industries reliant on clean environments, such as tourism and fisheries. The plastics crisis also drives increased healthcare costs and the burden of disease due to illnesses linked to plastic pollution and the toxic chemicals it carries. Pervasive contamination arising from transportation and storage facilities further compounds the challenge.

Studies increasingly reveal that plastics, and the chemicals they carry are in our soil, water, air, food — and bodies. Without changes to the status quo, plastic production is expected to triple over the next 40 years, and the harms of the plastics crisis will only accelerate.

The new CIEL report lays out how plastic producers and fast-moving consumer goods companies are most responsible for driving the plastics crisis, and most accountable for the resulting environmental, economic, and health costs. It examines their role in the plastics crisis, both through the production and marketing of plastic products, and increasingly overwhelming evidence that companies have long known the risks plastics pose. Accordingly, the report provides a guide for cities and states to identify the companies most responsible for local impacts, assess their responsibilities, and begin to hold them accountable.

The report explores an array of legal pathways, including nuisance, product liability, and consumer protection laws, available to municipalities and states. It builds on precedents set by previous environmental litigation and ongoing climate lawsuits, offering a detailed analysis of how these legal tools have been — and can be — successfully applied to confront the plastics crisis.

“The plastics crisis has reached an inflection point and states like New York, California, and others are already taking action to hold the companies behind it accountable,” said Steven Feit, Senior Attorney and Legal and Research Manager in CIEL’s Fossil Economy program. “Despite decades of industry obstruction, obfuscation, and misdirection, there is still time to act. Our report is designed to equip local government officials with the knowledge to identify, quantify, and seek remedy for the diverse and detrimental impacts of plastic pollution.” 

The report is available online for US state and local government officials and legal professionals to take legal action against plastic pollution and lead to meaningful corporate accountability. 

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