Reporting from Nairobi as a United Nations delegate for the Global Council for Science and the Environment (GCSE) to the UN member nations negotiations for an International Legally Binding Instrument to End Plastic Pollution by 2040. We woke up this morning to news of this lawsuit filed by the People of the State of New York against PepsiCo seeking relief for plastic pollution along the Buffalo River. While the US EPA has not made much progress addressing plastic litter along navigable waters, this is a unique case filed by a state against contributor identified by New York as predominant through evaluation of samples of plastic waste collected along the banks of the Buffalo River. New York’s allegations arise under New York authority regarding public nuisance, strict product liability (failure to warn), and violations of New York business law (deceptive practices) as well as continued illegality under New York’s Executive Law. New York is seeking comprehensive relief, including declarations that plastic pollution along the Buffalo River is a public nuisance and that PepsiCo contributed. New York also seeks judicial direction that PepsiCo take reasonable best efforts to abate the nuisance including research regarding the extent of the plastic contamination, appropriate remediation, and endowment of a plastic waste abatement fund. Further, New York seeks to enjoin PepsiCo from continuing to contribute to the plastic public nuisance with reasonable best efforts, as well as providing consumer protection relief. Finally, New York seeks compensatory damages and disgorgement of profits from PepsiCo’s persistent violation of New York’s business laws. Given the US positions taken here in Nairobi, it appears that the states, once again, will be leading the way to address plastic pollution. This is a case to be watched, as US businesses may not want to wait for a UN treaty to impact US federal law regarding plastics before taking action.