California's attorney general filed a lawsuit challenging a Trump administration determination that the state's ban on single-use propane cylinders is preempted by federal law. The state law, set to take effect January 1, 2028, would prohibit the sale of non-reusable, one-pound propane cylinders used in camping stoves, lanterns, and portable heaters.
In September, the Pipeline and Hazardous Materials Safety Administration (PHMSA) determined that California's law is preempted by the federal Hazardous Materials Transportation Act. An estimated 3 million of the estimated 4 million one-pound cylinders sold in California each year end up in municipal waste streams instead of being disposed of as hazardous waste. When damaged or crushed in waste trucks, landfills, or recycling facilities, the cylinders often still contain residual propane that can explode or catch fire, according to the state.
The state argues the law is not preempted because refillable cylinders are widely available and meet federal design standards, and because California's law does not regulate cylinder transportation. PHMSA determined instead that the law "imposes requirements that are 'not substantively the same'" as federal standards and stands as an obstacle to federal purposes.
"Let's be clear about what this law does: It will protect workers and the environment from residual propane explosions and save local governments millions of tax dollars in waste management costs," said Attorney General Rob Bonta. "We'll continue to fight against the Administration's federal overreach armed with the law and facts on our side."
The lawsuit was filed in the U.S. Court of Appeals for the D.C. Circuit seeking to vacate PHMSA's determination. The law was authored by state Senator John Laird.