California
California’s Rash Plastic Lawsuit Is Anti-Growth And Anti-Environment
Mobius loop or recycling symbol with arrows.
California Attorney General Rob Bonta’s plastics lawsuit against ExxonMobil may be astute politics but it is terrible policy. This lawsuit is rife with contradictions. Frivolous lawsuits are also a large and growing pall hanging over the economy.
Many studies have documented the high costs frivolous lawsuits impose on Americans. According to the Institute for Legal Reform, frivolous lawsuits cost the U.S. economy $443 billion in 2020. These costs ultimately raise the prices of the goods and services we purchase every day, which means that tort abuse imposes a $3,621 annual tax on every household.
Attorney General Bonta’s lawsuit, along with the lawsuit filed by environmental groups making similar accusations, is no different. As I noted in a previous Forbes column, the lawsuit accuses ExxonMobil of fraudulently promoting plastic recycling as a solution to the problem of plastic waste while, at the same time, state and local governments in California have promoted, and continue to promote, the exact same solution – plastic recycling.
There are many instances of these contradictions.
When California Governor Gavin Newsom was mayor of San Francisco he promoted the practice as an essential part of his efforts to establish the “toughest recycling law” in the nation. Through CalRecycle, California state and local governments continue their long-standing promotion of plastic recycling.
According to CalRecycle, “on June 30, 2022, Governor Gavin Newsom signed SB 54 (Allen, 2022) into law to address the impacts of single-use packaging and plastic food service ware.” The law requires that by 2032, the use of single-use plastic is reduced by 25%, 65% of single-use plastic is recycled, and 100% of single-use plastic is recyclable.
If promoting plastic recycling is deceptive when ExxonMobil does it, why is it not deceptive when the Governor promotes the same activity? Isn’t CalRecycle being deceptive when it continues to promote plastic recycling today? These differences in treatment raise serious concerns regarding the AG’s lawsuit.
Also noteworthy, AG Bonta’s own constituents are supportive of expanding plastics recycling. According to a January 27th poll, “63% [of Californians]
want the state to expand and improve its recycling infrastructure to find ways to give a new life to plastics. That compares to only 27% who prefer the state eliminate single-use plastic and stop manufacturing new plastics.”
Moreover, whether plastic recycling is an economically viable option is not the relevant question. Some analyses are pessimistic about the value of plastic recycling. For instance, a commentary for the New Jersey Institute of Technology noted that “today, recycled plastic generally costs more to refine and buy than new plastic.”
There are other analyses that, while noting obstacles remain, assert that there are reasons for optimism. As a 2020 McKinsey analysis concluded,
Our recent research has shown substantial value-creation potential in capturing plastic waste and using existing technologies to process it to make new plastics and other chemicals. To date, however, investments to translate this potential into reality have been relatively small. Globally, only around 15 percent of plastics produced each year get recycled.
It follows from the McKinsey report that investments to translate this potential into reality are needed to support more efficient plastic waste management.
There are sound reasons to believe that investing in advanced recycling technology can provide great value. For example, Exxon’s advanced recycling facility in Baytown, Texas has processed more than 70 million pounds of plastic waste into new products to date.
There are fewer reasons to believe that Governors, Attorneys General, or other state leaders can be effective arbiters of which innovative technologies have the potential to add value, and which do not. Instead, innovation is best fostered when millions of private businesses and budding entrepreneurs guide capital allocation and assess risk.
In practice, preemptive judgements on novel technology by experts and political leaders often age poorly – after all, Henry Morton (a contemporary of Thomas Edison and president of the Stevens Institute of Technology) called Edison’s light bulb “a conspicuous failure.”
Ultimately, it is the private sector that drives innovation forward. The AG’s legal action is another demonstration of California’s growing hostility toward businesses and innovators. Beyond the lawsuit’s strong anti-growth and anti-consumer impacts, it obstructs the very creative processes necessary to more effectively manage the plastic waste problem.
California
GOP California governor candidates to face off at Clovis forum ahead of primary
With California’s June 2nd primary election nearing, Republican candidates for governor, Steve Hilton and Sheriff Chad Bianco, are set to appear at a forum in Clovis.
The Fresno County & City Republican Women Federated is hosting its “Celebrating 250 Years of America Dinner” and a gubernatorial forum on Friday, May 22nd, at The Regency Event Center, 1600 Willow Ave., in Clovis.
The forum will be moderated by State Senator Shannon Grove.
The discussion is expected to focus on major issues facing Californians, with questions presented via video by a panel of state and local figures, including Fresno County District Attorney Lisa Smittcamp on public safety and crime; former Fresno County Sheriff Margaret Mims on border control and citizenship; William Bourdeau of Bourdeau Farms LLC on water rights and agricultural issues; California state Assemblymember David Tangipa on taxation and fiscal responsibility; Jonathan Keller of the California Family Council on parental rights and education; and Matthew Dildine, CEO of Fresno Mission, on homelessness and mental health.
Clovis Mayor Pro Tem Diane Pearce and Fresno County Supervisor Nathan Magsig are listed as masters of ceremonies.
Doors are scheduled to open at 4:30 p.m., followed by a social hour at 5 p.m. Dinner and the program are set for 6 p.m.
Attire is listed as cocktail or business formal. Organizers said a portion of the proceeds will benefit the Veterans Home of California – Fresno.
GOP California governor candidates to face off at Clovis forum ahead of primary (Courtesy: Fresno County & City Republican Women Federated)
[RELATED] Top-two primary could pit same-party rivals as crowded Democratic field fractures votes
“This forum comes at a pivotal moment for our state,” FCCRWF event organizers said. “Bringing the top Republican gubernatorial candidates to Clovis allows Valley families, farmers, and business owners to get real answers on the issues that affect their daily lives, from water infrastructure to public safety and the skyrocketing cost of living.”
Individual tickets are $150, with discounts offered to FCCRWF members.
Table sponsorships are available at the $1,500, $2,500 and $5,000 levels.
Tickets and sponsorships are available online at FresnoRepublicanWomen.org.
California
Amazon halts high-speed e-bike sales in California following fatal crashes
Orange County’s top prosecutor said Amazon has agreed to stop California sales of certain e-bikes that can go faster than state speed limits following a series of fatal collisions.
The announcement, first reported by KCRA, comes on the heels of an April consumer alert by California Attorney General Rob Bonta that highlighted a rise in deaths related to e-bike and motorcycle crashes.
“We are seeing a surge of safety incidents on our sidewalks, parks, and streets,” Bonta said in a statement. “To ride a motorcycle or moped, you need to have the appropriate driver’s license and comply with rules of the road.”
Bonta’s alert stated that pedal-assisted e-bikes cannot exceed 28 mph. Throttle-assisted e-bikes are limited to 20 mph.
Amazon had continued to sell e-bikes with speeds over 40 mph. Amazon did not immediately respond to a request for comment.
Electric bikes and motorcycles have become increasingly popular in the last few years, particularly among teens. But the surge has been shadowed by a spate of deadly crashes.
Orange County Dist. Atty. Todd Spitzer has charged at least three parents with allowing their children to ride electric motorcycles illegally, calling the vehicles a “loaded weapon.”
Spitzer noted in a post on X that Amazon said it removed e-bikes advertised with speeds over 40 miles per hour after KCRA contacted the company.
“The company said it has removed the examples provided and is investigating compliance for similar products,” Spitzer wrote.
That includes an Orange County mother, who faces an involuntary manslaughter charge after her son allegedly struck an 81-year-old man with an electric motorcycle. The 14-year-old boy had been doing wheelies on an e-motorcycle
A 13-year-old boy on an e-bike in Garden Grove died earlier this week after veering into the center median and hurtling onto the roadway. The boy was traveling at around 35 mph on a black E Ride Pro electric motorcycle, authorities said.
Amazon’s new sales limits come as the Los Angeles City Council pushes to keep electric bikes of off most city recreational trails, arguing they are a threat to hikers. E-bikes would still be allowed on designated bikeways, such as along the L.A. River.
California
After exile, California tribes could help run their ancestral redwoods again
Daniel Felix, 10, looks out from atop a gargantuan stump of an old-growth redwood on his tribe’s ancestral land. Once, this forest on California’s North Coast was replete with the ancient behemoths that can live beyond 2,000 years.
Only a fraction are left now, depleted by a logging company before the state acquired the forest in the 1940s.
This is unique public land, Jackson Demonstration State Forest, spanning 50,000 acres. Trees are plentiful here, but they might not live a millennium. California’s 14 demonstration forests are required to produce and sell timber to show — or “demonstrate” — sustainable practices. Money from logging — roughly $8.5 million a year — pays for management of the forests by the California Department of Forestry and Fire Protection, or Cal Fire.
Daniel’s tribe, the Coyote Valley Band of Pomo Indians, has pushed to rein in the cutting — spearheaded by his late great-grandmother, Priscilla Hunter. They’re part of a diverse coalition that includes environmental activists, local politicians and other tribes.
Now they may finally get their wish. Assemblymember Chris Rogers (D-Santa Rosa) has introduced a bill that would nix the forests’ logging mandate, instead prioritizing values such as carbon storage, wildfire resilience and biodiversity.
The bill represents the latest chapter in a region legendary for fierce battles over logging, and it marks an uncommon alliance between tribes and the environmental movement.
Under Assembly Bill 2494, there could still be logging, but it would have to support those new principles, and the forests would be funded differently.
And it proposes another significant change. It would pave the way for giving tribes a say in managing the lands for the first time since they were forcibly evicted more than a century ago, and for integrating Indigenous knowledge — like cultural burning — into the forests.
“It’s what we dreamed of,” said Polly Girvin, Hunter’s former partner and a retired lawyer focused on Native American issues. “And to have it come true? I’m used to movements that sometimes take 30 years in Indian Country to get to the justice you’re seeking.”
Kids play in the stump of an ancient redwood during a potluck held after the spirit run in Jackson Demonstration State Forest last month.
(Paul Kuroda / For The Times)
Some backers say the bill offers a new economic path forward for communities behind the so-called redwood curtain. With the decline of logging and cannabis, they see tourism driven by ultramarathons, mushroom foraging and other outdoor activities as a financial savior.
“If we had an increase of 10% of visitors coming to our county because of recreational opportunities, that would more than surpass all of the timber tax in our county,” Mendocino County Supervisor Ted Williams said, projecting an increase in money from a lodging tax.
But the push to reshape forest management is fiercely opposed by loggers and mill owners, who say their work is sustainable and provides blue-collar jobs in a region where they’ve dwindled. Already California imports most of its wood from Oregon, Washington and Canada.
“California has the most rules and regulations of anywhere in the world so all they’re doing is exporting the environmental impact to somewhere else, still using the product,” said Myles Anderson, owner of a logging company in Fort Bragg founded by his grandfather. “It’s pretty disgusting, really.”
Anderson believes the bill will greatly reduce logging, even stop it altogether. In his office, with photos of him and his father at a logging site decades ago, he points out it’s sponsored by the Environmental Protection Information Center. Why else would they and other environmental groups “support it if they didn’t see the same thing that I’m seeing?”
Last month, activists who have sought to rein in logging at Jackson held their first major gathering in about four years, galvanized by the bill that they see as a significant step in the right direction.
(Paul Kuroda / For The Times)
A new but old fight
About five years ago, community members caught wind of plans to chop down towering redwoods within Jackson, near the coastal town of Caspar. Priscilla Hunter would come out to the forest “and could hear them crying — it was our ancestors,” said her daughter Melinda Hunter, the tribe’s vice chairwoman. “Then she had to protect [the trees].”
Environmental activists and Native Americans, not historically allies in the region, joined forces to fight it. “Forest defenders” camped out high in the canopy and blocked logging equipment with their bodies. Some were arrested.
The uprising harked back to the 1980s and 1990s, when iconic environmentalist Judi Bari led Earth First! campaigns against logging in the region. Many of the old tree sitters — white-haired and brimming with stories of Bari — have come out of the woodwork for the latest battle.
For them, it was a win. Cal Fire paused new timber sales and, citing public safety, halted some that were underway — including one expected to generate millions of dollars for Myles Anderson’s logging company.
“We were left with nothing,” Anderson said.
Then, last year, Cal Fire approved the first harvest plan since that hiatus. It riled up the sizable, ecologically minded community.
Jessica Curl, 47, remembers growing up nearby “in a terrain of trunks” as trucks carried out logs. Now the redwoods are regrowing, “gorgeous” and gobbling carbon, she said.
“We’re so lucky to live in an area where we have this amazing climate-change mitigation tool, that if we would just leave it alone would do this amazing work that we’re trying to think of all these cool, inventive things to do.”
Isidro Chavez receives burning sage, or smudging, after a run in Jackson Demonstration State Forest. Smudging is a ritual used to cleanse spaces and individuals of negative energy, promote calm and improve mood.
(Paul Kuroda / For The Times)
Tears of grief, resolve
A group of “spirit runners” — a Native American tradition of bringing prayer — sprinted through the heart of Jackson forest as rain poured through the canopy. The mid-April event marked activists’ first major gathering since protests wound down in 2022.
Attendees gathered in a circle to wait for them. Misty Cook, of the Sherwood Valley Band of Pomo Indians, read a statement as eyes misted all around:
“All the living things around us, they miss us. They miss the language. They miss our touch, our hands, touching all of the things — the water, the plants. They miss the songs. They miss the beat of our footsteps and our voices, and they miss the children’s laughter and play, which was so important. They want us to gather them, to use them and to share them. Otherwise they will get sick and possibly die.”
Cal Fire launched a tribal advisory council to bring Indigenous perspective into Jackson. But some local tribes say it’s not enough because they lack decision-making power.
When the runners arrived, the circle absorbed them. Then they continued on to the site of a controversial proposed harvest, Camp Eight. They wrapped a bandana that belonged to Priscilla Hunter around a small tree — a quiet, somber act where she took her last stand. Runners took turns embracing the trunk.
Redwoods at the Capitol
In March, Rogers’ bill cleared a committee and is now in the Assembly Appropriations Committee’s suspense file. A hearing is set for Thursday.
Funding is a major point of contention. Environmentalists say funding these forests with timber operations incentivizes cutting bigger trees. Cal Fire maintains decisions are driven by forest health, not industry demand.
AB 2494 would fund the forests through a tax on lumber and engineered wood products. The shift could create “[o]ngoing state costs and cost pressures of an unknown but potentially significant amount, possibly in the low millions of dollars annually,” according to a legislative analysis.
The California Forestry Assn., a timber industry trade group, says the idea is a nonstarter.
Cal Fire declined to comment on pending legislation but Kevin Conway, the agency’s staff chief for resource protection and improvement, said its nearly 80-year history managing Jackson reflects “care and attention.” Since the state acquired the forest, “we have more trees on the landscape, more habitat and those trees are trending larger,” he said.
For the tribes who have rallied and prayed, a burning question is whether the land will again reflect their vision, or remain shaped by decisions made by others.
Buffie Campbell, executive director of the InterTribal Sinkyone Wilderness Council — co-founded by Priscilla Hunter and one of the groups supporting the bill — said young people wouldn’t be able to fathom the significance of the legislation passing. Maybe that’s a good thing.
“Maybe they don’t need to know about all the fighting that we have to do before they get to go out and enjoy and be tribal guardians stewarding their land.”
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