Jurisdictions across the United States have instituted bans and fees on various types of plastics, like bags, carryout containers, polystyrene (Styrofoam), and straws. States have also enacted restrictions preventing future plastic bans. Nation-wide, there is currently a ban on the use of microbeads.

California, New York, and hundreds of municipalities in the U.S. ban or fine the use of plastic in some way. Seventeen other states, however, say it’s illegal to ban plastic items, effectively placing a ban on a ban. This kind of legal maneuvering is booming. Four states created preemptions this year alone with two only narrowly failing in South Carolina and Alabama.

Often, efforts to preempt plastic bans are aided by the plastics industry, which wants to ensure its products remain widely used.

“First and foremost, we represent the manufacturers of plastic retail bags,” says Matt Seaholm, executive director of the American Progressive Bag Alliance, a group affiliated with the plastics industry. “We engage at a local level to provide information to local officials on the merits of any type of an ordinance that is being proposed.”

Seaholm said the industry is also looking out for local retailers. He adds plastic bans drive up costs, impose confusing regulations, and put in the hands of the government a decision that should be made by consumers and business owners.

Often partnering with local retail and restaurant associations, the industry is at odds with environmental groups that say single-use plastic must be urgently addressed.

“The plastic industry is putting a lot of their money on preemption, and they’re winning,” says Jennie Romer, an attorney at the Surfrider Foundation, a group that advocates for pro-environment policies.
Eight additional states are considering preemption measures in the coming years that could make it illegal to ban single-use plastics.