Navigating the complex and rapidly evolving laws and regulations impacting plastics, microplastics and plastic waste, and preparing for associated litigation risk, is paramount for businesses aiming to maintain a competitive edge. The attorneys and scientists on Hunton’s environmental and litigation teams have a wealth of experience in chemicals regulation and litigation, including PFAS and BPAs, Prop 65, Extended Producer Responsibility (EPR) laws, sustainability and circular economy practices. In addition, our litigators have been involved in every major toxic tort since asbestos. Our interdisciplinary team comprises nationally recognized practitioners and trial attorneys, including a former general counsel of the EPA, other former EPA and state agency personnel, and former in-house counsel of Fortune 100 companies. We have a deep understanding of plastics and the emerging legal issues surrounding them, and we proudly offer a variety of services tailored to the unique needs of companies assessing, managing and mitigating plastics-related risk. We work closely with our clients as strategic partners, anticipating challenges before they arise, defending their interests vigorously when needed, and guiding them through periods of growth and change with informed legal counsel.

Risk Mitigation and Litigation

Plastics litigation is growing at a remarkable pace, with high profile cases filed across the country, including in California, Texas, Minnesota, New York, Illinois and Washington, DC. These politically charged lawsuits, brought by private and public plaintiffs, assert a range of novel legal theories under environmental law, public nuisance, consumer fraud and misrepresentation, and toxic tort. Hunton’s toxic tort and environmental litigators are tracking the fast-evolving landscape of plastics and microplastics litigation in real time, while defending suits and advising clients on risk avoidance and litigation preparedness. Our lawyers are among the most experienced in the country in defending against public nuisance claims and claims brought by municipalities against entire industries. Our lawyers have likewise gone up against the top plaintiffs’ firms in consumer class actions (including those alleging greenwashing) and health effects cases across the country. In short, our team is well equipped to represent clients in all phases of the plastics value chain.

Compliance and Regulatory

Manufacturers and users of plastics must contend with a myriad of regulatory challenges that permeate every facet of operations. Ensuring adherence to environmental regulations, safety standards and industry best practices is critical. Our regulatory attorneys stay abreast of the latest changes in federal, state and international regulations affecting plastics production, use, recycling and disposal. Our team offers guidance on compliance within this heavily scrutinized landscape, from product development to end of life or use. We understand the complexities of complying with regulations that impact companies throughout the supply chain and recognize the importance of multijurisdictional strategies that account for sustainability claims as well as global regulation. Whether it’s assisting with sustainability strategy and compliance planning, engaging with regulatory bodies, or advocating for favorable policies, our team works to ensure that clients’ voices are heard and their interests protected.

State Attorneys General (AG) Matters & Investigations

As in other areas affecting our clients, State AGs are having an impact in the plastics space. They are a leading source of inquiries, investigations and enforcement actions, which can be particularly challenging for businesses in highly regulated industries. Hunton maintains a leading State AG practice on environmental issues, and our team brings that experience to the issues surrounding plastics. Our bipartisan team anticipates potential areas of regulatory concern; offers robust representation during investigations related to environmental impacts and consumer protection issues, among other areas; and identifies strategic opportunities to partner with State AGs to support our clients.

How We Can Assist

Hunton’s interdisciplinary Plastics and Microplastics team is prepared to assist those in the plastics value chain with the range of challenges described above. Combining legal and scientific expertise, we offer customized solutions that not only address clients’ immediate legal concerns but also support their long-term business objectives. Please reach out to one of our team contacts to discuss how we can be of service.