Failing the Future: The Complex Road to Effective Plastic Regulation in the U.S.

Abstract

The United States’ plastic pollution problem presents both domestic and global challenges. As this paper illustrates, the inability of the U.S. to effectively regulate plastics negatively affects the environment and human health in the U.S. and in countries that must deal with plastic waste exports coming from the U.S. The paper explores plastic production, use, waste, and recycling in the U.S. and critically analyzes the significant challenges that the U.S. continues to experience in devising and implementing a cohesive and comprehensive plastics regulatory framework. As with many other countries, successful industry lobbying efforts have contributed to the piecemeal approach to regulation. The challenges are compounded in the U.S., where the competitive nature of the federal system appears to have presented industry actors with a number of effective tools with which to prevent effective regulation in this space. Tactics adopted by industry actors range from marketing efforts that frame the problem as one that is purely individual rather than collective; the promotion of scientific studies that emphasize the deleterious economic effects of regulation without adequately addressing the serious environmental and human health problems of plastic pollution; and support of legal mechanisms at various levels to thwart grassroots efforts aimed at implementing effective change. The paper begins by briefly outlining plastic production, use, recycling, and waste in the U.S., with an emphasis on the negative effects to the environment and human health. The paper then critically analyzes regulatory attempts at the federal, state and local levels. In light of the significant role of U.S. industry actors in framing the discussion regarding plastic pollution, the paper reviews key efforts that have prevented effective regulatory action. The paper concludes by making a number of recommendations that the U.S. should implement to ensure the effective regulation of plastics.