Environmental Law and Policy/Governance
The Case for a Legislated Market in Minimum Recycled Content for Plastics
Author
Chantal Carriere and Rachael Beavers Horne
Author Bios (long)

Chantal Carriere is an associate at White & Case Houston. She received her J.D. from the University of Houston Law Center and the University of Calgary. Rachael Beavers Horne is a 2020 J.D. candidate at the University of Houston Law Center.

Date
January 2020
Volume
50
Issue
1
Page
10042
Type
Articles
Summary

The plastic packaging industry faces mounting shareholder and public pressure to reduce the environmental impact of post-consumer plastic packaging. The recycled plastics market in the United States is positioned for growth; however, developing a reliable supply of post-consumer plastics will be expensive because of problems in the recycling market. Reliance on export markets has limited investment in domestic recycling capacity, local collection programs vary considerably, and many consumers are ignorant about what can be recycled. These challenges are compounded by the current low-cost environment for manufacturing virgin plastics. This Article evaluates the opportunities and challenges of legislating a minimum recycled content requirement for the packaging industry. First, it provides an overview of the current supply chain, analyzes the factors that are driving change in these processes, and describes the current challenges with the recycling market and solutions that have been previously utilized. Next, it proposes a model law solution, and analyzes the benefits and challenges of creating a statutory requirement for a minimum quantity of recycled plastics. Finally, it assesses the possibilities of passing federal and state legislation.

S. 2935
Update Type
Committee Name
Committee on Homeland Security and Governmental Affairs
Sponsor Name
Markey
Sponsor Party Affiliation
D-Mass.
Issue
1
Volume
50
Update Issue
35
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. S6755

would prohibit the appointment of former fossil fuel executive officers and fossil fuel lobbyists as the heads of certain departments.

H.R. 5164
Update Type
Committee Name
Committee on Ways and Means
Sponsor Name
Doggett
Sponsor Party Affiliation
D-Tex.
Issue
1
Volume
50
Update Issue
34
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H9056

would amend the Internal Revenue Code of 1986 to modify the alternative fuel refueling property credit.

H.R. 5163
Update Type
Committee Name
Committee on Ways and Means
Sponsor Name
Panetta
Sponsor Party Affiliation
D-Cal.
Issue
1
Volume
50
Update Issue
34
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H9056

would amend the Internal Revenue Code of 1986 to provide for a credit for zero emission buses.

H.R. 5162
Update Type
Committee Name
Committee on Ways and Means
Sponsor Name
Beyer
Sponsor Party Affiliation
D-Va.
Issue
1
Volume
50
Update Issue
34
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H9056

would amend the Internal Revenue Code of 1986 to provide for a credit for zero emission heavy vehicles.

S. 2799
Update Type
Committee Name
Committee on Energy and Natural Resources
Sponsor Name
Murkowski
Sponsor Party Affiliation
R-Alaska
Issue
1
Volume
50
Update Issue
32
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. S6447

would require the Secretary of Energy and the Secretary of the Interior to establish a joint Nexus of Energy and Water Sustainability Office.

H.R. 4961
Update Type
Committee Name
Committees on Appropriations, Financial Services, and Foreign Affairs
Sponsor Name
Huffman
Sponsor Party Affiliation
D-Cal.
Issue
12
Volume
49
Update Issue
32
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H8718

would limit financial support for certain international energy projects.

H.R. 4887
Update Type
Committee Name
Committee on Ways and Means
Sponsor Name
Pascrell
Sponsor Party Affiliation
D-N.J.
Issue
12
Volume
49
Update Issue
32
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H8539

would amend the Internal Revenue Code of 1986 to extend the energy credit for offshore wind facilities.

H.R. 4741
Update Type
Committee Name
Committee on Energy and Commerce and Committee on Natural Resources
Sponsor Name
Olson
Sponsor Party Affiliation
R-Tex.
Issue
12
Volume
49
Update Issue
31
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H8257

would provide that the Federal Communications Commission and communications service providers regulated by the Commission under the Communications Act of 1934 shall not be subject to certain provisions of NEPA and the National Historic Preservation Act with respect to the construction, rebuilding, or hardening of communications facilities following a major disaster or an emergency declared by the president.

H.R. 4735
Update Type
Committee Name
Committee on Ways and Means
Sponsor Name
Meuser
Sponsor Party Affiliation
R-Pa.
Issue
12
Volume
49
Update Issue
31
Update Volume
49
Congress Number
116
Congressional Record Number
165 Cong. Rec. H8257

would amend the Internal Revenue Code of 1986 to allow a credit for certain facilities tha

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