As we kick off Earth Day 2024, we look to this year’s Earth Day theme–“Planet versus Plastics.”  Planet versus Plastics seeks to focus attention on the challenges that plastic pollution poses to the planet.  In recognition of this theme, Jenner & Block’s Environmental, Workplace Health and Safety Practice is proud to present an entire week of blogs focused on these issues. 

Visual evidence of the impact of plastic pollution on the environment can be observed simply by walking down the street or relaxing at the beach.  Ensuring the proper life-cycle management of plastics and working to mitigate the release of plastics into the environment requires coordination and cooperation on a global basis.

For example, numerous international agreements address plastic pollution. The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, seeks to regulate the transboundary movement of hazardous wastes, including certain types of plastic waste.  The United Nations Environment Assembly has adopted resolutions to combat marine litter and microplastics, signaling a global commitment to action.

Many governments have enacted their own legislation and policies to curb plastic consumption and promote sustainable alternatives.  Examples include:

• Bans and Restrictions—many governments have implemented bans or restrictions on single-use plastics, such as plastic bags, straws, and utensils.  For example, the European Union has prohibited the use of certain single-use plastics such as cutlery, plates and straws. 
• Extended Producer Responsibility (EPR) Laws—EPR laws focus on requiring manufacturers to be accountable for the collection, recycling, or disposal of products.  For example, California’s Plastic Pollution and Prevention and Packaging Responsibility Act imposes mandatory obligations on producers of single-use packaging and plastic single-use food service ware. 
• Plastic Packaging Requirements—regulations specifically targeting plastic packaging, such as requirements for minimum recycled content or mandated for packaging to be recyclable or compostable.  For example, New Jersey’s Recycled Content Law which became effective on January 1, 2024, requires that packaging containers offered for sale in the state meet certain recycling targets. 

To shed further light on these challenges, each day this week, the Corporate Environmental Lawyer will feature a blog on a particular issue associated with the Earth Day 2024 theme-Planet versus Plastics.  More specifically, on Tuesday, Daniel Robertson will publish a blog focusing on the challenges associated with the management of single-use plastics and provide an overview of legislative and regulatory initiatives with respect to these issues.  Wednesday, Stephanie Sebor will provide some insightful guidance on some of the regulatory challenges posed by fluorination with the production of HDPE containers.   On Thursday, Arie Feltman-Frank will discuss issues associated with the use of microfibers in textile production.  And lastly, on Friday, I’ll wrap the week up with an overview of the current state of litigation in the United States with respect to plastic pollution. 

We hope that you find these blogs insightful and we hope you will continue to follow Jenner & Block’s Corporate Environmental Lawyer Blog.  Happy Earth Day 2024 and let’s hope the planet can put plastics into a sleeper hold. 

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