Sheila Millar Quoted in Law.com Article on State Sustainability Measures

Keller and Heckman Partner Sheila Millar was quoted in the Law.com article, “Ruling Blocking California Law Shows Headwinds for State Sustainability Measures.” The article highlights a recent ruling that blocked enforcement of SB 343, also known as California’s “Truth in Recycling” law. In mid-July, the United States District Court for the Southern District of California granted a preliminary injunction barring the state from enforcing the law. According to Sheila, although Judge William Hayes’ ruling is only a preliminary injunction, his acceptance of the plaintiffs’ constitutional arguments suggests that the law is on shaky footing. “There’s a very strong signal from the judge that … this law is not going to hold,” she said.

The ruling is also part of a broader trend of state sustainability laws facing pushback in court.

“I think what we see generally is many of these well-intentioned laws are likely to violate the First Amendment,” Sheila said. She added that courts would likely be skeptical of laws that prevent companies from making truthful statements to consumers.

“We value truthful, non-deceptive information,” Sheila emphasized.

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