Politics
California's war on plastic bag use seems to have backfired. Lawmakers are trying again
It was a decade ago when California became the first state in the nation to ban single-use plastic bags, ushering in a wave of anti-plastic legislation from coast to coast.
But in the years after California seemingly kicked its plastic grocery sack habit, material recovery facilities and environmental activists noticed a peculiar trend: Plastic bag waste by weight was increasing to unprecedented levels.
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According to a report by the consumer advocacy group CALPIRG, 157,385 tons of plastic bag waste was discarded in California the year the law was passed. By 2022, however, the tonnage of discarded plastic bags had skyrocketed to 231,072 — a 47% jump. Even accounting for an increase in population, the number rose from 4.08 tons per 1,000 people in 2014 to 5.89 tons per 1,000 people in 2022.
The problem, it turns out, was a section of the law that allowed grocery stores and large retailers to provide thicker, heavier-weight plastic bags to customers for the price of a dime.
“It was a conscious decision to create a pathway for a type of reusable bag that barely existed,” said Mark Murray, director of Californians Against Waste, an environmental organization. “It was just emerging in the marketplace, but it happened to be made by a couple of California companies … which the manufacturers claimed they could certify as being reusable.”
He said the bags were made of 20% recyclable material and the manufacturers said they could be recycled at the end of their “useful life. … So we said, all right, fine. We’re gonna put that specific criteria into the law.”
“That experiment failed,” Murray said.
“It was a gaping hole,” said Mark Gold, director of Water Scarcity Solutions, Environmental Health at the Natural Resources Defense Council who worked on the original legislation — SB 270 — while he was with the organization Heal the Bay.
These “reusable” bags are made from a material known as HDPE, which is thicker and heavier than the LDPE plastic bags of yore. And although both materials can be recycled — and in commercial and agricultural settings often are recycled — they are generally not in residential and consumer settings, Murray said.
“Basically what happened is that plastic bag companies invented these thicker plastic bags that technically meet that definition of reusable but are clearly not being reused and don’t look like reusable bags and which just circumvent the law’s intent,” said Jenn Engstrom, CALPIRG’S state director.
Now, California legislators are hoping to correct that error by passing a law that closes that loophole and bans those thick plastic bags offered at the checkout line.
“The idea is to go back and redefine reusable bags as a way to get rid of all those setbacks that we’re now seeing very commonly in grocery stores,” Engstrom said.
Thick plastic bags are “not what consumers demanded when they overwhelmingly voted to support California’s bag ban at the ballot box when the policy was challenged,” Sen. Ben Allen (D-Santa Monica) told reporters recently in reference to Proposition 67, a 2016 ballot measure that would have negated the 2014 law.
“Californians want less plastic, not more.”
The proposed legislation was co-authored by Allen, Assemblymember Rebecca Bauer-Kahan (D-Orinda) and Sen. Catherine Blakespear (D-Encinitas).
Research has shown that the plastic problem is growing.
Plastic has been found everywhere scientists have looked: From the deepest oceanic trenches to the highest alpine peaks. Petroleum-based plastics do not biodegrade. Over time, they break down into smaller and smaller pieces — known as microplastics, microfibers and nanoplastics — and have been found in household dust, drinking water and human tissue and blood.
These small plastic pieces also carry chemicals and heavy metals known to cause illness and disease.
“If you’ve been paying attention and reading the news, looking around, you realize that we are literally choking our planet with plastic waste,” Blakespear said at the news conference. She noted that 5 trillion bags are used every year across the globe — and that the average use time per bag is 12 minutes.
Part of the issue has to do with the promises that product manufacturers made about recycling, and the hard realities of plastic collection and reuse. In 2018, the Environmental Protection Agency estimated that just 8.7% of all plastics were actually recycled.
In 2022, California Atty. Gen. Rob Bonta opened an investigation into the fossil fuel and petrochemical industries for their alleged role in causing and exacerbating a global crisis in plastic waste pollution, and for deceiving the public into thinking recycling could solve the problem of plastic waste.
Allen and Engstrom said states such as New Jersey and New York followed California’s move toward banning plastic bags but learned from California’s mistake and crafted legislation to close the loophole.
“There’s this virtuous cycle of dialogue between those states that want to do the right thing where we we build on each other’s work and almost challenge each other” to write effective, all-encompassing laws, Allen said.
He also said he anticipates a pretty clear road for this legislation as it moves through the Assembly and Senate, in large part because it is supported by the California Grocers Assn.
Daniel Conway, the association’s vice president for government relations, described the original plastic bag ban legislation as “revolutionary,” but “at the same time, I think like most good laws, you have to take a look and adapt to changes in the world that we live in.”
Gold wasn’t surprised the first law didn’t work.
“This is what happens when you try to fight plastic one item at a time,” he said. “It’s just not effective at stemming the plastic problem.”
He said a far better approach was SB 54, a bill that Gov. Gavin Newsom signed into law in 2022.
That sweeping law seeks to phase out single-use plastics through a policy concept known as Extended Producer Responsibility, which shifts the onus of waste from consumers, towns and cities to companies manufacturing products with environmental impacts.
The law also grants plastics companies extensive oversight and authority in terms of the program’s management, execution and reporting, via a Producer Responsibility Organization, which will be made up of industry representatives.
The legislation requires that by Jan. 1, 2028, at least 30% of plastic items sold, distributed or imported into the state be recyclable. By 2032, that number rises to 65%. It also calls for a 25% reduction in single-use plastic waste by 2032 and provides CalRecycle with the authority to increase that percentage if the amount of plastic in the economy and waste stream grows.
In the case of expanded polystyrene, that number needs to reach 25% by 2025. If the number isn’t hit, the ubiquitous, hard-to-recycle foamy plastic will be banned.
Politics
Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC
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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.
“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing.
“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”
Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.
“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.
“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”
Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.
“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued.
“NO MORE MR. NICE GUY!
“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”
Judge Troy Nunley was fed up.
Federal immigration officials had once again flouted his authority by keeping a man locked up in a California City detention center after Nunley ordered him released. When he was finally set free, the man was booted onto the street with no passport, driver’s license or other personal effects. The judge’s demand that the items be returned were met with silence.
And so on Tuesday, Nunley, the chief judge of the Eastern District of California, slapped Department of Justice attorney Jonathan Yu with an official sanction and a $250 fine.
In a scathing order, Nunley laid out why he was compelled to take such a rare step. The fine may have been less than some traffic tickets, but it’s nearly unheard for a judge to formally admonish a government lawyer.
By Yu’s own admission, he was drowning in work. In his order, Nunley recounted the attorney’s claim he’d been assigned more than 300 nearly identical cases in the last three months, all of immigrants in detention who argued they were being held without cause.
Court filings show many California cases involve longtime U.S. residents unexpectedly hauled off to jail after routine check-ins with immigration officials. One was an Afghan who’d helped the American war effort. Another a Cambodian grandmother of eight who fled Pol Pot’s killing fields as a girl nearly 50 years ago.
Until last year, most would have fought deportation on bond after a brief hearing with an immigration judge. Now, their only hope of release is to file a petition for writ of habeas corpus — a legal maneuver once typically reserved for death row inmates and suspected terrorists — inundating the country’s busiest federal courts with thousands of emergency suits.
The Trump administration attorney said he was trying to “triage” the situation, but Nunley found he repeatedly failed to comply, leaving people with the right to walk free stuck behind bars.
“The Court is not persuaded,” he wrote, issuing the sanctions.
The order came days after Nunley took the unusual step of announcing a “judicial emergency” in the district, which covers nearly half of California, stretching from the Oregon border to the Mojave Desert in the inland part of the state, including Fresno, Bakersfield and Sacramento.
In the last year, the Eastern District has received more petitions from immigration detainees than almost any other jurisdiction in the United States: More than 2,700 since January, compared to fewer than 500 last year and just 18 in 2024. Similar crises are playing out elsewhere, with federal courts in Minnesota briefly paralyzed amid the Trump administration’s enforcement blitz there last winter.
People detained are seen behind fences at an ICE detention facility in Adelanto, California on July 10, 2025.
(Patrick T. Fallon/AFP via Getty Images)
In an interview with The Times, Nunley said dealing with the surge of activity since last summer has been “like being hit over the head with a bat.”
“We’re up all night doing these cases,” he said.
So far this year, the Eastern District’s six active judges have ordered almost people 2,000 freed.
“The majority of the cases that we see are cases where people should not be detained,” Nunley said. “They should be receiving hearings to determine whether or not they are to remain in this country, and until they receive those hearings, they should be free.”
Since last July, the Department of Homeland Security has ordered that all immigrants it arrests are subject to “mandatory detention” — a policy that had previously only applied to those caught at the border.
The change came four days after President Trump signed a spending bill that earmarked $45 billion to expand the federal network of immigrant lockups.
“This has been a sea change in the way the government has read the law,” said My Khanh Ngo, a senior staff attorney at the ACLU Immigrants’ Rights Project. “Almost every judge who has looked at this has agreed these people should get bond, and yet thousands of people are still sitting in detention.”
Elizabeth Vega, 15, right, and Darlene Rumualdo, 15, from Torres High School join labor organizers, clergy leaders and immigrant rights groups to protest immigration raids nationwide at La Placita Olvera in downtown Los Angeles on January 23, 2026.
(Genaro Molina/Los Angeles Times)
Longtime U.S. residents who might once have fought removal from home — where they can more easily gather evidence to support their case and confer with lawyers — are instead being held indefinitely.
Many have no criminal record. Some have been in the U.S. so long that the countries they came from no longer exist.
“People are locked up in the same facilities as people accused of crimes, people who’ve been convicted of crimes … and then you’re telling people, you have no shot of getting out,” Ngo said. “Detaining people and not giving them the chance to get out of detention is a way of coercing people to give up their claims.”
The habeas process can take weeks or months depending on the judge and the district.
“When the immigration cases dropped on our district, we got hit harder than any other outside West Texas,” Nunley said. “Initially we had more cases than anyone else.”
Today, data compiled by ProPublica and legal activist groups including the Immigration Justice Transparency Initiative show almost a quarter of the roughly 30,000 active habeas petitions in the United States are in California courts. Nunley’s own tabulations show half the California cases are in his district, where a perfect storm of stepped-up enforcement, a large population of immigrant workers and a concentration of detention centers produced a flash flood of habeas petitions.
The cases rely on the Constitution’s guarantee of due process before being deprived of life, liberty or property. But according to court filings, in some instances the government has argued “the Fifth Amendment does not apply” to detained immigrants.
DOJ lawyers responding to the bids for freedom now regularly complain they’re being crushed under paperwork.
Judges accustomed to having government lawyers comply with their orders have been left fuming.
In California’s Central District, which includes L.A. and surrounding areas, Judge Sunshine Sykes wrote a fiery decision earlier this year that said the Trump administration is inflicting “terror against noncitizens.”
Sykes is one of several federal judges across the country that have tried to compel the government to resume bond hearings. The 9th U.S. Circuit Court of Appeals blocked that decision in March, leaving the habeas system in place for now. But with challenges or recent decisions across multiple circuits, experts say the fight is fated for the Supreme Court.
“ICE has the law and the facts on its side, and it adheres to all court decisions until it ultimately gets them shot down by the highest court in the land,” a Homeland Security spokesperson said in an email to The Times.
A woman holds a “ICE not welcome here!” sign at a vigil in San Pedro in January.
(Gina Ferazzi/Los Angeles Times)
The lawyers fighting to free those jailed under the Trump administration’s mandatory detention policy say they were not initially equipped for these legal battles because they used to be exceedingly rare.
Most federal judges had only seen a handful of habeas petitions before last summer — then suddenly they had hundreds of requests for urgent relief, according to Jean Reisz, co-director of the USC Immigration Clinic.
Reisz said there are efforts to get pro bono law groups trained on how to effectively argue habeas cases, “but it takes a while to get up to speed.”
A federal agent asks residents to move back after a shooting during an immigration enforcement operation in Willowbrook on January 21, 2026.
(Genaro Molina/Los Angeles Times)
At the same time, Reisz said, lawyers are pushing judges who oversee the cases to act swiftly, since interminable procedural delays ensure people remain incarcerated.
“Most of the habeas petitions include a motion for temporary restraining orders, and that requires emergency decisions from the courts, which requires the courts to act very fast,” Reisz said.
In California’s federal district courts, the backlog remains thousands deep. Nunley said the system is struggling to keep up with the crush of cases.
“There’s nothing that says that noncitizens should not be entitled to due process,” Nunley said. “These are our people, they reside in our district. They’re entitled to the same due process that you and I are entitled to.”
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Secretary of State Marco Rubio announced Saturday that the Trump administration is sanctioning a senior Nicaraguan official over alleged human rights violations.
Rubio said the U.S. is designating Vice Minister of the Interior Luis Roberto Cañas Novoa for his role in “gross violations of human rights” under the government of President Daniel Ortega and Vice President Rosario Murillo, marking what he said was the latest effort to hold the regime accountable.
“The Trump administration continues to hold the Murillo-Ortega dictatorship accountable for brutal human rights violations against Nicaraguans,” Rubio said in a post on X. “I’m designating Nicaraguan Vice Minister of the Interior Luis Roberto Cañas Novoa for his role in human rights violations.”
RUBIO TESTIFIES IN TRIAL OF EX-FLORIDA CONGRESSMAN ALLEGEDLY HIRED BY MADURO GOVERNMENT TO LOBBY FOR VENEZUELA
Secretary of State Marco Rubio speaks at the State Department, April 14, 2026. The U.S. announced sanctions on a Nicaraguan official tied to alleged human rights abuses under the Ortega-Murillo government. (Andrew Harnik/Getty Images)
The designation was made under Section 7031(c), which allows the State Department to bar foreign officials and their immediate family members from entering the United States due to involvement in significant corruption or human rights abuses.
The State Department has said the Ortega-Murillo government has engaged in arbitrary arrests, torture and extrajudicial killings following mass protests that began in April 2018.
“Nearly eight years ago, the Rosario Murillo and Daniel Ortega dictatorship unleashed a brutal wave of repression against Nicaraguans who courageously stood against the regime’s increased tyranny, corruption, and abuse,” the statement reads.
The State Department said that the sanction marked the anniversary of the 2018 protests, after which more than 325 protesters were murdered in the aftermath.
A panel of U.N.-backed human rights experts previously accused Nicaragua’s government of systematic abuses “tantamount to crimes against humanity,” following an investigation into the country’s crackdown on political dissent, according to The Associated Press.
The experts said the repression intensified after mass protests in 2018 and has since expanded across large parts of society, targeting perceived opponents of the government.
TRUMP ADMIN ANNOUNCES EXPANSION OF VISA RESTRICTION POLICY IN WESTERN HEMISPHERE
Nicaragua President Daniel Ortega delivers a speech during a ceremony to mark the 199th Independence Day anniversary, in Managua, Nicaragua Sept. 15, 2020. (Nicaragua’s Presidency/Cesar Perez/Handout via Reuters)
Nicaragua’s government has rejected those findings.
The designation follows a series of recent U.S. actions targeting the Ortega-Murillo government. In February, the State Department sanctioned five senior Nicaraguan officials tied to repression, citing arbitrary detention, torture, killings and the targeting of clergy, media and civil society.
Earlier this week, the department also announced sanctions on individuals and companies linked to Nicaragua’s gold sector, including two of Ortega and Murillo’s sons, accusing the regime of using the industry to generate foreign currency, launder assets and consolidate power within the ruling family.
The State Department said the move is part of ongoing efforts to hold the Nicaraguan government accountable for its actions.
Fox News Digital reached out to the Nicaraguan government and its embassy in Washington for comment but did not immediately receive a response.
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A man waves a Nicaraguan flag during a demonstration to commemorate Nicaragua’s national Day of Peace, which is celebrated in the country on April 19, and to protest against the government of Nicaraguan President Daniel Ortega in San Jose, Costa Rica on April 16, 2023. (Jose Cordero/AFP)
The Trump administration has taken an increasingly aggressive posture in the Western Hemisphere in recent months, including a Jan. 3, 2026, operation that resulted in the capture of Venezuelan leader Nicolás Maduro and his wife, Cilia Flores.
The U.S. has also carried out a series of strikes targeting suspected drug-trafficking vessels in the region, part of a broader crackdown tied to regional security and narcotics enforcement efforts.
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