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Every minute, the equivalent of a garbage truck’s worth of plastic enters our oceans, a shocking reminder of the escalating plastic pollution crisis. Local jurisdictions are left grappling with the staggering costs and consequences of this problem—one they didn’t create. With the United States recycling just 5-6% of its plastic waste, cities and counties face a choice: continue bearing this burden or hold the corporations accountable through litigation. To protect public health, safeguard the environment, and alleviate financial burdens, legal action against corporations in the plastics industry is an essential next step.

The Flawed Recycling System and Industry Misleading Practices

The plastic industry has intensified the difficulty of recycling and increased waste through decades of deceptive campaigns aimed at shifting the burden of plastic waste onto consumers and local governments. So, why should local taxpayers foot the bill for the plastics industry's poor business practices? Civil litigation offers a path to shift the burden back onto the corporations responsible for decades of environmental harm.

The plastics recycling system is fundamentally flawed, especially for local governments tasked with waste management. With such a low recycling rate, most plastic waste ends up in landfills, pollutes neighborhoods, or contaminates natural ecosystems. The challenge is compounded by technical limitations, such as the inability to process different types of plastic together and the degradation of recycled material over time. As a result, municipalities often find it cheaper to produce new, “virgin” plastic than to recycle existing materials. This perpetuates a cycle of waste, placing a growing burden on municipal resources and increasing the volume of landfill waste. Beyond the logistical and financial challenges, plastic waste also breaks down into harmful microplastics that infiltrate ecosystems and make their way into food and water supplies. These microplastics pose serious health risks to humans and wildlife, adding a critical public health dimension to a problem already straining local governments.

The plastic industry has long relied on misleading campaigns—like the ubiquitous ‘Reduce, Reuse, Recycle’ slogan—to shift responsibility for plastic waste onto consumers and local governments. Yet, as a Center for Climate Integrity report reveals, industry leaders have long known recycling is largely unfeasible. If they knew this, why did they keep doubling down on these campaigns?  The answer lies in their desire to avoid regulation and maintain profits.

Now, the industry has pivoted to promoting “advanced recycling” technologies, claiming these methods will turn plastic waste into reusable materials. These claims, while alluring, are little more than greenwashing.  Advanced recycling remains economically impractical and unproven at scale, offering false hope instead of viable solutions. Local jurisdictions must recognize these tactics for what they are: delays and distractions from the urgent need for systemic change.

Legal Action as a Solution to the Crisis

Local governments, however, are not without recourse. Through public nuisance claims, cities and counties can argue that plastic pollution harms public health and safety, while private nuisance claims highlight how it interferes with property use. Legal actions can also seek compensation for natural resource damages and the recovery of costs incurred by local governments for litter cleanup, educational outreach, and recycling facility maintenance. These tools empower cities and counties to demand accountability from the plastics industry. 

Some municipalities have already taken action. In City of Baltimore v. PepsiCo and New York v. PepsiCo, cities are holding beverage manufacturers responsible for the environmental costs of their single-use plastics. Meanwhile, California has filed a lawsuit against ExxonMobil, targeting the company for its role in plastic pollution that has impacted local environments across the state. These cases highlight a growing movement among local governments to demand accountability and recover costs from those responsible for environmental degradation due to plastic.

The Financial and Environmental Stakes

Managing plastic waste accounts for 7-12% of a municipality’s total solid waste budget. In addition to direct costs for waste management, municipalities must allocate resources for litter cleanup, public education, and the maintenance of recycling facilities. The economic implications extend further, as visible litter can deter tourism, increase crime rates, and harm ecosystems, reducing residents’ quality of life. Long term, microplastic pollution in local waterways adds significant environmental and financial risks. Globally, managing plastic waste costs local governments over $32 billion annually, underscoring the urgent need for a shift in accountability.

By joining litigation against the plastic industry, local governments can recover costs associated with waste management while sending a powerful message about accountability. Such legal action not only provides financial relief but also promotes environmental justice by addressing the disproportionate impact of plastic pollution on vulnerable communities. Litigation offers a path for local jurisdictions to advance public health and foster healthier, more sustainable environments for their residents. Collective action among cities and counties can amplify their voices, pool resources, and create a powerful movement for change, demonstrating to the plastic industry that it cannot evade responsibility.

The fight against plastic pollution is not just an environmental issue—it is a financial, public health and moral imperative. Through litigation, cities and counties can recover costs, demand accountability, and protect the health of their communities. Together, we can pave the way for a sustainable future that prioritizes the well-being of both people and the planet. As Dr. Jane Goodall reminds us, “What you do makes a difference, and you have to decide what kind of difference you want to make.” Let’s make the difference our communities and our planet so desperately need.