William & Mary Environmental Law and Policy Review
Abstract
There are tens of thousands of unregulated industrial substances manufactured and used in the United States. This Article focuses on three specific to plastic and its manufacturing process: microplastics, phthalates, and BPAs. These substances have been attributed to many known health harms and potentially more that have yet to be identified. The research is still nascent and continues to evolve, but what we do know is who is creating the problem. From big oil companies and plastics manufacturers, to creators of textiles and tires, to investors who all contribute to the problem, how can we hold these accountable for the problems they cause? Existing regulations do not encompass much, with federal agencies less able to act due to Congress and the courts.
One path that could hold manufacturers accountable for products that raise public health red flags is through Extended Producer Responsibility (EPR). This process places the burden on manufacturers to take responsibility for their products at all stages of the product’s life cycle. Public health litigation (PHL) can deter manufacturers by holding them accountable for health harms. Extended Producer Responsibility and Public Health Litigation can work together: once EPR laws and standards are in the books, plaintiffs can use PHL to further their efforts by ensuring manufacturers are following the rules.
This abstract has been taken from the authors' introduction.