In The Void Left By Congress's Failure To Address Plastic Pollution, More Litigation Such As This Is Inevitable

Last November, I posted about litigation filed by New York State Attorney General Letitia James, asserting public nuisance and other claims against PepsiCo concerning contamination of the Buffalo River. At the time, I questioned whether litigation was really the appropriate way to solve the problem of plastic pollution. However, I also noted that, in the absence of any effective Congressional response, one could hardly blame advocates for pursuing a judicial remedy.

And so, here we are, one year later. Congress certainly has not taken any action to address the growing problem of plastic pollution. Nor does it even seem plausible to think that Congress might do so any time in the foreseeable future. And so, now another suit has been filed – this time by the County of Los Angeles, against PepsiCo, Coca-Cola Company and related entities.