ABSTRACT
This article explores the growing threat of and the legal response to microplastic pollution. Microplastics – plastic particles less than five millimeters in size – are pervasive, persistent, and chemically diverse, making them particularly difficult to regulate using existing environmental statutes. Federal approaches, such as the Clean Water Act and Toxic Substances Control Act, offer limited relief, while macro-scale proposals like the Break Free from Plastic Pollution Act remain stalled. In response, this article advocates for ‘micro-solutions’ – targeted, state and local interventions that collectively address microplastic pollution across the plastic lifecycle. These include bans on intentionally added microplastics, filtration mandates for appliances, stormwater management strategies, and industry-specific regulations. Drawing lessons from climate and PFAS litigation, the article also examines the increasing use of consumer protection and public nuisance claims against plastic producers. In highlighting these bottom-up strategies, the article provides a roadmap for meaningful progress in the absence of sweeping federal or international reform.
Morath, Sarah, Our Microplastic Problem (March 15, 2026).
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