Republican and Democratic AGs Duel on Plastic Pollution Prevention

  • The EPA’s request for public comment on a draft strategy to prevent plastic pollution received dueling comment letters from a group of 14 Democratic AGs and a group of 16 Republican AGs.
  • In the Republican AGs’ letter, they argue that the draft strategy, which aims to eliminate plastic waste in the environment, goes beyond the EPA’s mandate in the Save Our Seas 2.0 Act of 2020, which authorized the EPA to develop a strategy to reduce plastic waste in waterways and oceans. The AGs argue that the draft strategy is arbitrary and capricious, and violates the Equal Protection Clause and Major Questions Doctrine.
  • The Democratic AGs’ letter asserts that the federal response to reducing plastic waste to date has been inadequate because it has focused too heavily on waste generation and management, cleanup, and recycling. They recommend a strategy that focuses on all stages of the plastic lifecycle, including reducing the production of plastic and assessing materials and product design.