Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Data center boom sets up ITAD growth

    Certification Scorecard — Week of June 15, 2026

    Tzvika Shahaf of Blancco

    Blancco names new SVP of product strategy

    IT security driving plans, reshaping budgets

    Study cuts projected AI server e-waste by 90%

    A call to action: End markets and EPR

    A call to action: End markets and EPR

    Recycling council emphasizes importance of supply

    Sorted: Why recycling isn’t a ‘scam’

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion

    Data center boom sets up ITAD growth

    Certification Scorecard — Week of June 15, 2026

    Tzvika Shahaf of Blancco

    Blancco names new SVP of product strategy

    IT security driving plans, reshaping budgets

    Study cuts projected AI server e-waste by 90%

    A call to action: End markets and EPR

    A call to action: End markets and EPR

    Recycling council emphasizes importance of supply

    Sorted: Why recycling isn’t a ‘scam’

  • Conferences
    • Resource Recycling Conference
    • Plastics Recycling Conference
    • E-Scrap: The Longevity Conference
    • Textiles Recovery Summit
  • Publications
    • E-Scrap News
    • Plastics Recycling Update
    • Policy Now
    • Resource Recycling
    • Other Topics
      • All Topics
      • Brand Owners
      • Critical Minerals
      • Glass
      • Grant Watch / RFPs
      • Markets
      • Organics
      • Packaging
      • Research
      • Technology
      • Textiles
Subscribe
No Result
View All Result
Resource Recycling
No Result
View All Result
Home Plastics

Lawsuits hover days after SB 54 approval

Stefanie ValenticbyStefanie Valentic
May 6, 2026
in Plastics, Recycling
Lawsuits hover days after SB 54 approval

ksanawo / Shutterstock

Just days after approving long-awaited SB 54 regulations, CalRecycle is already facing potential legal challenges, and those who have tracked extended producer responsibility (EPR) policy for decades say the battle is only beginning.

The Natural Resources Defense Council (NRDC) and Californians Against Waste (CAW) announced plans to sue over the finalized rules, arguing CalRecycle unlawfully exempted certain plastic packaging from the law’s reduction and recycling requirements and improperly allowed “polluting technologies” to count as recycling.

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

The legal challenge is not unexpected. Heidi Sanborn, executive director of the National Stewardship Action Council (NSAC), told Resource Recycling in an interview the day before the groups’ announced opposition that litigation is an inevitable byproduct of a rulemaking of this scale. Sanborn has worked exclusively on EPR policy since 2003 and has been in the waste and recycling industry for 35 years.

“Litigation is coming, and that’s normal,” Sanborn said. “But because this is such a big rulemaking and there’s so much money at stake, I think it’s going to be more robust. There’s going to be more litigation than we’ve seen in past packages.”

She added that some provisions in the finalized rules were never fully resolved during the rulemaking process and will likely be settled in court, but also said that should not be used as a cover to delay implementation.

“There’s some problems with it that are going to get negotiated basically in court,” Sanborn said. “If you want to challenge something in court, go ahead. Let’s keep moving. Don’t take the pedal off the metal on actual implementation.”

At the center of the complaint is how the finalized regulations handle technologies that break down plastic using heat, solvents, or other processes rather than mechanical means, a category that includes certain forms of chemical recycling. 

Although SB 54 bars such technologies from counting toward recycling targets when they produce significant quantities of hazardous waste, the finalized regulations put that limit aside and allow the technologies to qualify as recycling based solely on whether they hold a permit, regardless of how much hazardous waste they potentially produce, according to NRDC and CAW. 

The groups also allege the rules create exemptions for covered products that the law never authorized, effectively allowing some plastic packaging to escape regulation entirely.

Sanborn, who has been vocal about the chemical dimensions of packaging EPR, indicated that the question of what counts as recycling will be one of the most contested pieces of implementation going forward.

“Recycling is about chemicals,” she said. “They’re all chemicals. And if the chemicals are cancer causing and bioaccumulative, I don’t want them in there. That’s not safe for anybody, maybe not even to use.”

Nick Lapis, CAW director of advocacy, added in a statement: “These regulations ignore explicit limits on recycling technologies and create permanent escape hatches the law never authorized. CalRecycle’s original draft regulations were already not strong enough to ensure the systemic change that the public expected from this law, but the agency’s final regulations added even more loopholes to protect the status quo for producers of plastic packaging.”

Tags: EPRIndustry GroupsLegislation & EnforcementPolicy Now
TweetShare
Stefanie Valentic

Stefanie Valentic

Stefanie Valentic is an award-winning journalist who has covered the waste and recycling industry for more than five years. Throughout her career, she has led editorial teams and served as a keynote speaker, moderator and panelist at numerous trade shows and conferences.

Related Posts

CAA seeks industry input on EPR fees

CAA seeks industry input on EPR fees

byAntoinette Smith
June 16, 2026

A new producer steering committee will help involve stakeholders more directly in the fee-setting process as packaging EPR law is...

A call to action: End markets and EPR

A call to action: End markets and EPR

byKatherine Doerr, Goldfinch Environmental
June 16, 2026

State-level EPR schemes must mandate rather than simply incentivizing the use of recycled content, consultant Kat Doerr argues.

Crystal Bayliss of the U.S. Plastic Pact

Bayliss tapped to lead US Plastics Pact 

byAntoinette Smith
June 15, 2026

Crystal Bayliss had served in an interim capacity since January, after the departure of CEO and executive director Jonathan Quinn.

Revised CA budget includes $200m for recycling

CAA files California program plan for SB 54

byStefanie Valentic
June 15, 2026

CAA has delivered its California program plan as litigation over the underlying regulations continues and smaller producers scramble to meet...

Australia battery recycling sector could reach A$6.9bn by 2050

Colorado and California bills take aim at battery recycling gaps

byStefanie Valentic
June 12, 2026

Colorado's EV battery EPR law and California's SB 501 together represent a push to bring the full battery supply chain...

Aluminum can bale close up.

Aluminum scrap exports face scrutiny under HB 9161

byStefanie Valentic
June 9, 2026

A new House bill would direct the US International Trade Commission to investigate whether US aluminum scrap exports to adversarial...

Load More
Next Post
CompuCycle brings e-plastic recycling upgrade online

Quantum expands e-plastics recovery

More Posts

IT security driving plans, reshaping budgets

Study cuts projected AI server e-waste by 90%

June 16, 2026
Revised CA budget includes $200m for recycling

CAA files California program plan for SB 54

June 15, 2026
Group updates on UBC-sorting robot’s success

Plastic bale pricing falls while paper, UBCs firm

June 15, 2026
Recycling council emphasizes importance of supply

Sorted: Why recycling isn’t a ‘scam’

June 15, 2026
Rare look inside the world’s largest plastics recycler

TRP launches fund to boost recycling

June 12, 2026
CAA seeks industry input on EPR fees

CAA seeks industry input on EPR fees

June 16, 2026
A call to action: End markets and EPR

A call to action: End markets and EPR

June 16, 2026

Three-bill package aims to revamp Michigan’s bottle return system

June 9, 2026
Australia battery recycling sector could reach A$6.9bn by 2050

Colorado and California bills take aim at battery recycling gaps

June 12, 2026
batteries

WM adds batteries to recycling watch list

June 16, 2026
Load More

About & Publications

About Us

Staff

Archive

Magazine

Work With Us

Advertise
Jobs
Contact
Terms and Privacy

Newsletter

Get the latest recycling news and analysis delivered to your inbox every week. Stay ahead on industry trends, policy updates, and insights from programs, processors, and innovators.

Subscribe

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

No Result
View All Result
  • The Latest
  • Analysis
  • Recycling
  • E-Scrap
  • Plastics
  • Policy Now
  • Conferences
    • E-Scrap Conference
    • Plastics Recycling Conference
    • Resource Recycling Conference
    • Textiles Recovery Summit
  • Magazine
  • About Us
  • Advertise
  • Archive
  • Jobs
  • Staff
Subscribe
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.