[co-author: Stephanie Kozol]*
California Attorney General (AG) Rob Bonta has issued two petitions to enforce an investigative subpoena against the Plastics Industry Association (PLASTICS) and the American Chemistry Council (ACC). PLASTICS lobbies on behalf of entities involved in the plastics supply chain. ACC is a trade association that represents chemical companies who create plastic products. The AG’s petition accuses PLASTICS and ACC of failing to comply with the AG’s prior subpoenas by providing insufficient responses and failing to provide requested documents. In response, PLASTICS and ACC filed lawsuits against the AG in Washington, D.C.
On July 27, 2022, California issued an investigative subpoena to PLASTICS requesting documents relating to the organization’s campaign on the feasibility of recyclability of plastic materials, including PLASTICS’ publications and communications. On December 6, 2023, California issued an investigative subpoena to ACC requesting documents related to the funding, planning, execution, and the follow up of an ACC-funded study. The California AG asserts that neither entity complied with the subpoenas.
In their complaints, PLASTICS and ACC assert that Bonta’s subpoena violates their first amendment rights. Both groups argue that the AG’s subpoenas have had chilling effects. Specifically, PLASTICS and ACC argue that the chilling effect undermines their ability to engage in open discourse, share information, and develop public policy positions. The groups argue this compromises their ability to function effectively.
Why It Matters
Regulating a state’s environmental issues often falls within the purview of the AG. The outcome of this case could set important legal precedents regarding the limits of state investigative powers and the circumstances under which those powers may conflict with the First Amendment.
Additional articles on state AG offices in the environmental space include:
*Senior Government Relations Manager
