Plastic Pollution Litigation

Abstract

Given that there has been no legislative action on plastic pollution, advocates are turning to litigation to hold a variety of defendants—producers, transporters, manufacturers, and government officials—accountable for the harms associated with plastic. This article analyzes five lawsuits involving plastic pollution. This litigation has produced some favorable outcomes: Settlements have been reached, claims have proceeded, permits have been suspended, and waters have been reclassified. The most recent litigation, however, sounds in public nuisance, and commentaries from industry professionals suggest that the future of plastic pollution litigation will extend beyond environmental statutory law.

Keywords: plastic pollution, clean water act, nuisance claims, climate change, citizen suits, environmental litigation