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Plastic litigation encompasses legal actions brought against regulators, plastic producers, plastic products, fast-moving consumer goods, packaging companies, and other related industries in order to protect habitat, public health, consumer rights, and more.
Plastic litigation is a critical tool for those most concerned with plastic pollution (e.g., governments, impacted individuals, communities, and civil society) to limit pollution and hold industry accountable for their impacts.
Litigation as a Tool to Reduce Plastic Pollution
There are various types of legal actions related to plastic pollution, including:
- Cases filed to enforce water or air pollution limits or waste management laws.
- Public and private nuisance claims.
- Consumer protection claims meant to protect against false advertising, deceptive conduct, and greenwashing.
- Unfair competition claims protecting against unlawful, unfair, or fraudulent business practices.
Industry and governments have also pursued litigation to block new state laws or local ordinances adopted to address the plastic pollution crisis.
In the absence of strong business oversight or regulatory action, litigation becomes increasingly important for ensuring that the costs and impacts of plastic pollution do not fall on the public or the environment.
Tracking Global Plastic Cases and Court Decisions
Litigation trackers are an important tool in monitoring legal actions around the world.
ELAW, Global Plastic Law data partner and co-creator, hosts a collection of Court Decisions, compiling decisions related to plastic litigation worldwide. The collection can be used to research the decisions courts are reaching around the globe, reflecting successful arguments and novel remedies that might be informative when contemplating future plastic litigation, or that courts may find persuasive.
New York University also hosts an Plastics Litigation Tracker compiling information about cases across the U.S. from both federal and state courts. This tracker follows cases through the court systems and provides links to relevant documents as well as summaries and updates.
Litigation from Global Plastic Law partners
Plastic Pollution Coalition (PPC)
Plastic Pollution Coalition (PPC) in collaboration with fiscal sponsor Earth Island Institute, has worked to hold the plastic industry accountable to U.S. law and regulations through various legal actions. For example, in a landmark filing, Earth Island Institute initiated a suit against multiple Big Plastic companies (including household names such as The Coca-Cola Company and Nestlé USA) for continuing to pollute California waterways with plastic.
Break Free From Plastic (BFFP) Europe
Break Free From Plastic (BFFP) Europe has not been directly involved in plastic litigation, but has given broad support to a network of various European NGOs, some of which have pursued litigation. For example, European NGO ClientEarth (alongside Surfrider Foundation Europe and Zero Waste France) has litigated against Danone, the parent company of brands evian® and Activia amongst others, and one of the biggest plastic polluters in the world.
Environmental Law Alliance Worldwide (ELAW)
Environmental Law Alliance Worldwide (ELAW) helps communities speak out for a healthy environment and clean air and water by supporting a global alliance of attorneys, scientists, and other advocates. ELAW collaborates with lawyers protecting communities and the environment from plastic pollution. ELAW provides resources and training, strategies, and support to lawyers enforcing laws to address plastic pollution.
Surfrider Foundation U.S.
Surfrider Foundation has also litigated heavily in the fight against Big Plastic. Surfrider participates in various suits all across the country, suing both government and industry entities, to defend new policies seeking to reduce plastic pollution and to hold plastic producers accountable for plastic pollution.
