Resource Recycling
  • The Latest
  • Analysis
    • All
    • Certification Scorecard
    • Industry Announcements
    • Opinion
    Alpek closing Pennsylvania RPET plant

    Alpek seizing on war-related opportunity 

    Our top stories from March 2023

    Iron Mountain’s data center report: Strong on power, quiet on hardware

    Dow touts US PE advantage amid Iran war

    Dow bullish on August PE pricing

    Certification Scorecard — Week of July 20, 2026

    Amazon plastic use flat despite shift to paper

    Amazon plastic use flat despite shift to paper

    Rare earth processor lands $5.1M in Defense funds

    ERI, Cyclic Materials team up on e-scrap

  • 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
    Alpek closing Pennsylvania RPET plant

    Alpek seizing on war-related opportunity 

    Our top stories from March 2023

    Iron Mountain’s data center report: Strong on power, quiet on hardware

    Dow touts US PE advantage amid Iran war

    Dow bullish on August PE pricing

    Certification Scorecard — Week of July 20, 2026

    Amazon plastic use flat despite shift to paper

    Amazon plastic use flat despite shift to paper

    Rare earth processor lands $5.1M in Defense funds

    ERI, Cyclic Materials team up on e-scrap

  • 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 Policy Now

Groups move to intervene in SB 343 lawsuit

Stefanie ValenticbyStefanie Valentic
July 27, 2026
in Policy Now, Recycling
California releases deposit system update draft rules

AndriiKoval/shutterstock

Earth Island Institute and Californians Against Waste are asking a federal judge for a seat at the table in the lawsuit that has already put California’s “Truth in Environmental Labeling” law on ice.

The two groups, along with Earth Island’s Plastic Pollution Coalition project, filed a motion to intervene July 27 in the US District Court for the Southern District of California, seeking to defend SB 343 after Judge William Q. Hayes granted a preliminary injunction blocking enforcement of the law on July 14.

The motion is set for an August 31 hearing before Hayes, though it will be decided without oral argument unless the court orders otherwise.

A coalition of packaging, food and retail trade groups sued Attorney General Rob Bonta in March, arguing SB 343’s recyclability labeling restrictions violate the First and Fourteenth Amendments. Hayes agreed, at least preliminarily, finding four provisions of the law unconstitutionally vague and ruling the state hadn’t shown the law would actually improve recycling rates or cut consumer confusion.

Earth Island Institute, PPC and CAW argue that ruling leaves SB 343’s underlying purpose undefended by the parties still in the case. Bonta’s office remains the named defendant.

Curbing misleading claims

SB 343 took effect in 2021 to mitigate alleged misleading recyclability claims on packaging, particularly plastics that are rarely recycled in practice despite carrying the chasing-arrows symbol.

The law bars use of that symbol, or any other recyclability indicator, unless a product meets statewide criteria. The material must be collected, sorted and processed by systems serving a substantial share of California residents, and it must routinely become feedstock for new products.

Supporters say those standards are meant to reduce contamination in recycling streams, hold companies accountable for greenwashing and push manufacturers toward more recyclable packaging design.

The ruling also has implications beyond SB 343 itself. SB 54, California’s extended producer responsibility law for packaging, relies on SB 343’s recyclability criteria and CalRecycle’s Material Characterization Report to determine which materials qualify as recyclable in the state.

Legal grounds

The motion asks Hayes to let the groups join as defendants either as a matter of right under Federal Rule of Civil Procedure 24(a) or, alternatively, through permissive intervention under Rule 24(b).

To intervene as of right, Earth Island Institute and CAW must show their motion is timely, that they have an interest in the litigation’s subject matter, that the case’s outcome could impair their ability to protect that interest and that the existing parties don’t adequately represent it.

The alternative permissive-intervention path is a lower bar: the motion has to be timely, raise questions of law or fact in common with the existing case, and not unduly delay the proceedings. Courts also weigh whether the groups bring a perspective the case would otherwise lack, according to case documents.

The filing is backed by declarations from Scott Hochberg of Earth Island Institute, Nick Lapis of CAW, and Dianna Cohen of PPC, along with a proposed answer the groups would file if allowed to join as defendants.

Dianna Cohen, PPC co-founder and chief vision officer, said SB 343 is designed to hold companies to an evidence-based standard rather than let them set their own terms.

“SB 343 will expose decades of misleading claims that plastic recycling is the solution to the plastic pollution crisis,” Cohen said in a statement. “This law is a breakthrough because it establishes guardrails for what can be labeled recyclable — not on a company’s terms, but based on reality. There should be truth in advertising. It’s critical that SB 343 be fully implemented.”

Scott Hochberg, general counsel for Earth Island Institute, said the law fills a gap for consumers trying to make environmentally informed purchasing decisions.

“Those decisions become impossible when companies can place recycling symbols on packaging that is rarely or never recycled,” Hochberg said. “SB 343 establishes objective standards to ensure environmental claims are based on evidence rather than marketing. For California, SB 343 represents a significant step forward in strengthening environmental standards, improving corporate accountability, and protecting consumers.”

Nick Lapis, director of advocacy for Californians Against Waste, framed the law as a truth-in-advertising measure, not a recycling mandate.

“This law has always been about truth-in-advertising, and consumers deserve facts, not greenwashing,” Lapis said. “Slapping a recycling symbol on unmarketable trash doesn’t make it suddenly transform it into something that has value. This law prevents companies from lying to their customers.”

Hayes’ injunction is not a final ruling on SB 343’s constitutionality, and litigation continues in his court. The motion to intervene would let Earth Island Institute, PPC and CAW argue directly for the law’s validity going forward, rather than relying on the state to carry that argument alone.

Tags: Legislation & 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

U.S. Capitol building in Washington, D.C.

House committees advance critical mineral bills

byPaul Lane
July 27, 2026

Congressional votes earlier this month advanced three bills that would expand the nation’s critical mineral recycling capabilities. A subcommittee within...

RecyClass hits 500 EU recyclability evals

RecyClass hits 500 EU recyclability evals

byAntoinette Smith
July 21, 2026

The most recent evaluations include Avery Dennison's RFID tag for PET bottles, ahead of the first PPWR enforcement in mid-August.

Former president of CRT processor sentenced to prison

Groups say injunction doesn’t settle labeling issues

byStefanie Valentic
July 17, 2026

Californians Against Waste and the National Stewardship Action Council say a federal injunction blocking SB 343 pauses enforcement but still...

US recycling rates rise despite drop in bottles

byAntoinette Smith
July 16, 2026

Although rates saw slight gains over two years, the data highlight the need for policy solutions to unlock growth in...

CarbonLite to open $60 million Pennsylvania plant

Federal judge blocks CA ‘Truth in Recycling’ (SB 343) law

byStefanie Valentic
July 15, 2026

A federal judge has blocked California from enforcing SB 343's recyclability labeling restrictions, ruling the "Truth in Recycling" law is...

Data quantifies progress on plastic recycling

Inside the Circle: Don’t break the sustainable accounting system

byBill Shireman
July 13, 2026

Why California should not restrict the use of “mass balance accounting.”

Load More

More Posts

CarbonLite to open $60 million Pennsylvania plant

Federal judge blocks CA ‘Truth in Recycling’ (SB 343) law

July 15, 2026
Industry announcements for January 2026

Industry announcements for July 2026

July 1, 2026
Amazon plastic use flat despite shift to paper

Amazon plastic use flat despite shift to paper

July 22, 2026
Greg Saxon to lead The Recycling Partnership

Greg Saxon to lead The Recycling Partnership

July 15, 2026
Former president of CRT processor sentenced to prison

Groups say injunction doesn’t settle labeling issues

July 17, 2026
Shredded rubber from Pacific Palisades running track by Ecore

Wildfire-damaged track finds second life ahead of 2028 LA Olympics

July 20, 2026

US recycling rates rise despite drop in bottles

July 16, 2026

MTA loses track of recycling, costing NYC Transit $800,000

July 23, 2026
May pricing bullish for most bales

Nth Cycle joins SPAC to IPO in US critical minerals push

July 22, 2026
Cascade Asset Management sees higher sales volumes

Sorted: Restoring mineral supplies, one junk drawer at a time

July 20, 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.