State of Nebraska v. Heller (SB 54)

Case Overview

A coalition of 17 states led by Nebraska, together with the National Association of Wholesaler-Distributors, sued California officials over SB 54, the state's Plastic Pollution Prevention and Packaging Producer Responsibility Act. SB 54 is an extended-producer-responsibility law for plastic packaging that took effect in 2026; it requires producers to reduce single-use plastic packaging and to make packaging recyclable or compostable on a phased schedule through 2032. Suing in the U.S. District Court for the Eastern District of California, the plaintiffs argue the law violates the U.S. and California constitutions, including the Commerce Clause. The lead defendant is CalRecycle Director Zoe Heller, with the Circular Action Alliance as a co-defendant.

Legal Issues