Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        The Plastics Problem in Massachusetts

        by Thomas A. Mackie on October 12, 2023

        In The Graduate, Mr. McGuire pulls aside Benjamin Braddock, played by Dustin Hoffman, and utters “one word” of career advice – “plastics.” Benjamin’s diffident reaction reflects his wealthy suburban character’s utter lack of direction upon graduation from college. The entire scene also served as a sixties-era commentary on the “establishment” epitomized by Mr. McGuire and his ilk. Little did we then expect that the “you can have everything” mentality of American Express commercials would become even more deeply embedded in our American culture. Nor did we understand that the “oil crisis” of the early seventies, President Jimmy Carter’s admonition to wear a sweater, buy sub-compact cars, and adhere to the fifty-five mile per hour national speed limit, would, after a generation, eventually morph into demonization of our carbon-based economy, with plastics now a leading culprit.

        There is no doubt that the continued reintroduction into our atmosphere of carbon dioxide stored deep in the earth in the form of petroleum during the Mesozoic age will inevitably result in drastic climatic change and that petroleum-based plastics pollution of rivers, oceans, and our landscape is tragic and disappointing. Aside from being a testament to our consumptive society, plastics have become the new scapegoat for environmentalists’ anger at society’s failings. The green community is now taking on “recycling” as a major greenwashing conspiracy by the corporate powers that be. Many treat “plastics recycling” as an oxymoron, claiming that virtually all plastics put into the recycle bin are actually disposed of.

        We represent recycling companies and others who are working hard to provide a solution to the plastics problem. Aside from traditional recycling companies, which collect, separate, bale, transport, and deliver recovered plastics, cardboard, and other recyclable materials, we also represent companies that convert recovered plastics into fuels or raw materials for new manufactured goods using “advanced” or “chemical” recycling methods.

        Without getting too far into the details of the Commonwealth’s legal landscape for such businesses, there is a fundamental legal dichotomy between manufacturing facilities on the one hand and facilities that recycle or dispose of material on the other hand. Manufacturing facilities are relatively easy to site and permit because they are not subject to the MassDEP’s solid waste regulations. Recycling facilities that produce materials for reuse or raw materials for manufacturing are subject to solid waste regulations but are relatively easy to site and permit. Solid waste facilities that handle waste materials that will ultimately be disposed of are much more heavily regulated and difficult to site and permit.

        Ironically, despite the widely recognized plastics waste crisis, environmental and some mainstream groups have been attacking traditional recycling of plastics in an effort to stop the manufacture of new single-use plastics. Similarly, critics of advanced or chemical recycling facilities have been pushing to categorize them as solid waste facilities or even prohibit them outright. In some states, legislation has been passed to prohibit or make burdensome the siting of advanced recycling, whereas in other states, laws have been passed to categorize these facilities as manufacturing, which sidesteps both recycling and solid waste facility siting and permitting.

        It is my opinion that while the Massachusetts system could always be improved, it is working just fine. The MassDEP administers a number of grants and programs designed to enhance recycling, including plastics recycling. It has a comprehensive Solid Waste Master Plan and regulations carefully crafted to protect public health, safety, and the environment. Most recently, it has received a large budget increase that will allow for even more essential staff. For decades many of us have been successfully appearing before the MassDEP. On behalf of our recycling clientele, we are hopeful that the Commonwealth stays the course by neither over- nor under-regulating plastics recycling.

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...
        Blog

        Hurry Up and Wait

        This is the third in a series of Verrill blog posts on Maine’s packaging extended producer responsibility (“EPR”) law[1]. In July we reported...
        Media Mentions

        Robert Keach Discusses First Brands Chapter 11 Case in Law360

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the rejection of First Brands Group's Chapter 11 plan and the...
        Media Mentions

        Cybersecurity and AI Governance: Scott Anderson Featured in Massachusetts Lawyers Weekly

        Verrill Managing Partner Scott Anderson was recently featured in Massachusetts Lawyers Weekly discussing how law firms can build attorney buy-in for...
        Blog

        Section 530A Account Update: ERISA Status of Trump Accounts

        The Department of Labor has issued important guidance addressing whether employer programs that permit contributions to Section 530A accounts (and...
        Press Releases

        97 Verrill Attorneys Recognized by Best Lawyers® 2027, Including Four Named Lawyers of the Year

        AUGUSTA, Maine, BANGOR, Maine, BOSTON, Mass., PORTLAND, Maine, and WESTPORT, Conn., (August 20, 2026) – Verrill is proud to announce that 97...
        Alerts and Newsletters

        SEC’s Proposed “Reg Crypto”: What Founders Need to Know

        Startup founders and emerging-growth companies have a number of options for raising capital under the federal securities laws, including Regulation D...
        Blog

        After 45 Years, the IRS Speaks on DCAP Nondiscrimination Testing – And It’s Good News

        Employers that provide a Dependent Care Assistance Program will be pleased to learn that for the first time in 45 years, the IRS has issued guidance...
        Media Mentions

        U.S. Courts Highlights Annabel Rodriguez’s Journey from Fellow to Mentor

        Verrill attorney Annabel Rodriguez was featured in a recent U.S. Courts article titled “From Fellows to Mentors: Alumni Share Lasting Lessons from...
        Media Mentions

        Robert Keach Discusses Bankruptcy Auction Strategy in Law360

        Verrill attorney Robert Keach spoke with Law360 article examining the complex bankruptcy auction process that resulted in the sale of 23 summer...