PIERRE, S.D. – South Dakota Attorney General Marty Jackley has joined a 17-state coalition in a federal lawsuit challenging California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act, a sweeping measure targeting packaging regulations. Officials state the litigation aims to protect the economic interests of out-of-state producers and consumers, including impacts felt as far away as Rapid City.
The lawsuit, filed in the U.S. District Court for the Eastern District of California, challenges the California law that places extensive requirements on manufacturers, distributors, and companies that package or ship products in plastic containers or use other types of packaging materials that merely incorporate plastics. Under the regulations, businesses are barred from accessing California’s markets unless they comply with the mandate.
“This Act imposes unreasonable, burdensome requirements on businesses and consumers nationwide,” Jackley said. “This is an unconstitutional mandate that will result in higher costs for businesses and ultimately higher prices for consumers.”
The legal challenge argues that the California legislation creates an unconstitutional regulatory overreach by forcing companies across state lines to adopt California’s environmental standards to maintain access to the nation’s most populous state. Legal representatives argue the rules impact a broad scope of packaging materials, which could restrict commerce for entities in areas like Rapid City that distribute goods nationally.
Joining South Dakota and lead-state Nebraska in the lawsuit are the attorneys general from Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, Texas, Utah, and West Virginia.




