Science
Amid state inaction, California chef sues to block sales of foam food containers
Redwood City — Fed up with the state’s refusal to enforce a law banning the sale of polystyrene foam cups, plates and bowls, a San Diego County resident has taken matters into his own hands.
Jeffrey Heavey, a chef and owner of Convivial Catering, a San Diego-area catering service, is suing WinCup, an Atlanta-based foam foodware product manufacturing company, claiming that it continues to sell, distribute and market foam products in California despite a state law that was supposed to ban such sales starting Jan. 1. He is suing on behalf of himself, not his business.
The suit, filed in the San Diego County Superior Court in March, seeks class action status on behalf of all Californians.
Heavey’s attorney, William Sullivan of the Sullivan & Yaeckel Law Group, said his client is seeking an injunction to stop WinCup from selling these banned products in California and to remove the products’ “chasing arrows” recycling label, which Heavey and his attorney describe as false and deceptive advertising.
They are also seeking damages for every California-based customer who paid the company for these products in the last three years, and $5,000 to every senior citizen or “disabled” person who may have purchased the products during this time period.
WinCup didn’t respond to requests for comments, but in a court filing described the allegations as vague, unspecific and without merit, according to the company’s attorney, Nathan Dooley.
Jeffrey Heavey is suing foodware maker WinCup, claiming that it continues to sell, distribute and market foam products in California despite a state law that was supposed to ban such sales starting Jan. 1.
(Luke Johnson / Los Angeles Times)
At issue is a California ban on the environmentally destructive plastic material, which went into effect on Jan. 1, as well as the definition of “recyclable” and the use of such a label on products sold in the state.
Senate Bill 54, signed into law by Gov. Gavin Newsom in 2021, targeted single-use plastic in the state’s waste stream.
The law included a provision that banned the sale and distribution of expanded polystyrene food service ware — such as foam cups, plates and takeout containers — on Jan. 1, unless producers could show they had achieved a 25% recycling rate.
“I’m glad a person in my district has taken this up and is holding these companies accountable,” said Catherine Blakespear (D-Encinitas). “But CalRecycle is the enforcement authority for this legislation, and they should be the ones doing this.”
The intent of the law was to put the financial onus of responsible waste management onto the producers of these products, and away from California’s taxpayers and cities that would otherwise have to dispose of these products or deal with their waste on beaches, in rivers and on roadways.
Expanded polystyrene is a particularly pernicious form of plastic pollution that does not biodegrade, has a tendency to break down into microplastics, leaches toxic chemicals and persists in the environment.
There are no expanded polystyrene recycling plants in California, and recycling rates nationally for the material hover around 1%.
A Mallard duck swims in water with Styrofoam polluting the beach on Lake Washington, Kirkland, Wash.
(Wolfgang Kaehler / LightRocket via Getty Images)
However, despite CalRecycle’s delayed announcement of the ban, companies such as WinCup not only continue to sell these banned products in California, but Heavey and his lawyers allege the products are deceptively labeled as “recyclable.”
In his suit, Heavey includes a March 15 receipt from a Smart & Final store in the San Diego County town of National City, indicating a purchase of “WinCup 16 oz. Foam” cups.
Similar polystyrene foam products could be seen on the shelves this week at a Redwood City Smart & Final, including a 1,000-count box of 12-ounce WinCup foam cups selling for $36.99. Across the aisle, the shelves were packed with bags of Simply Value and First Street (both Smart & Final brands) foam plates and bowls.
There were “chasing arrow” recycling labels on the boxes containing cup lids. The symbol included a No. 6 in the center, indicating the material is polystyrene. There were none on the cardboard boxes containing cups, and it couldn’t be determined if the individual foam products were tagged with recycling labels. They were either obstructed from view inside cardboard boxes or stacked in bags which obscured observation.
Smart & Final, which is owned by Chedraui USA, a subsidiary of Mexico City-based Grupo Comercial Chedraui, didn’t respond to requests for comment.
Heavey’s suit alleges the plastic product manufacturer is “greenwashing” its products by labeling them as recyclable and in so doing, trying to skirt the law.
According to the suit, recycling claims are widely disseminated on products and via other written publications.
The company’s website includes an “Environmental” tab, which includes a page entitled: “Foam versus Paper Disposable Cups: A closer look.”
The page includes a one-sentence argument highlighting the environmental superiority of foam over paper, noting that “foam products have a reputation for environmental harm, but if we examine the scientific research, in many ways Expanded Polystyrene (EPS) foam is greener than paper.”
Heavey’s suit claims that he believed he was purchasing recyclable materials based on the products’ labeling, and he would not have bought the items had they not been advertised as such.
WinCup, which is owned by Atar Capital, a Los Angeles-based global private investment firm sought to have the case moved to the U.S. District Court in San Diego, but a judge there remanded the case back to the San Diego Superior Court or jurisdiction grounds.
Susan Keefe, the Southern California Director of Beyond Plastics, an anti-plastic environmental group based in Bennington, Vt., said that as of June, the agency had not yet enforced the ban, despite news stories and evidence that the product was still being sold in the state.
“It’s really frustrating. CalRecycle’s disregard for enforcement just permits a lack of respect for our laws. It results in these violators who think they can freely pollute in our state with no trepidation that California will exercise its right to penalize them,” she said.
Melanie Turner, a spokesoman for CalRecycle, said in a statement that expanded polystyrene producers “should no longer be selling or distributing expanded polystyrene food service ware to California businesses.”
“CalRecycle has been identifying and notifying businesses that may be impacted by SB 54, including expanded polystyrene requirements, and communicating their responsibilities with mailed notices, emailed announcements, public meetings, and workshops,” she said.
The waste agency “is prioritizing compliance assistance for producers regulated by this law, prior to potential enforcement action,” she said.
Keefe filed a public records request with the agency regarding communications with companies selling the banned material and said she found the agency had not made any attempts to warn or stop the violators from selling banned products.
Blakespear said it’s concerning the law has been in effect for more than six months and CalRecycle has yet to clamp down on violators. Enforcement is critical, she said, for setting the tone as SB 54 is implemented.
According to Senate Bill 54, companies that produce banned products that are then sold in California can be fined up to $50,000 per day, per violation.
According to a report issued by the waste agency last week, approximately 47,000 tons of expanded polystyrene foam was disposed in California landfills last year.
Science
Video: NASA Announces Artemis III Crew
new video loaded: NASA Announces Artemis III Crew
transcript
transcript
NASA Announces Artemis III Crew
NASA announced the crew of Artemis III mission, which will fly to low-Earth orbit to test rendezvous and docking maneuvers with one or two lunar landers.
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“I am excited to welcome you as the next crew in the Artemis journey to successfully return to the moon — this time to stay.” “I’m honored by the role that I’ve been given. I’m also very humbled by the task in front of us. But first and foremost, I’m grateful.” “So with that, the Artemis II crew, comrade, hands you the baton. You got the controls.” “As you know, we had a significant anomaly at our Launch Complex 36A on May 28. We’ve redoubled our efforts and are moving forward.”
By Alisa Shodiyev Kaff
June 9, 2026
Science
Santa Monica Mountains’ last steelhead trout survived the Palisades fire — and even had babies
Scientists feared the Santa Monica Mountains’ last remaining steelhead trout were dead, smothered by debris flows unleashed by the Palisades fire.
But the endangered fish surprised them: A team of biologists recently spotted 30 of the rare trout — and 21 babies — in Topanga Creek.
“There was a lot of happy dancing in the creek,” said Rosi Dagit, principal conservation biologist for the Resource Conservation District of the Santa Monica Mountains, which works with public and private landowners to conserve natural resources.
That’s because the steelhead here are endangered, at both the state and federal levels. Once, they swam in most streams of the Santa Monicas, but their numbers plummeted amid overfishing and coastal development. Increasingly frequent wildfire has further stressed their habitat. Topanga Creek, a biodiversity hot spot, is home to their last known population in the mountains that stretch from the Hollywood Hills to Point Mugu in Ventura County.
The trout that were spotted, including this one, are part of a distinct Southern California population that’s listed as endangered at the state and federal levels.
(RCDSMM Stream Team)
The California Department of Fish and Wildlife spearheaded a complex mission to rescue trout threatened by the Palisades fire that sparked in January 2025.
Time was of the essence. The fire hadn’t yet been fully contained. But rain was on the way, which would sweep massive amounts of sediment from the denuded hillsides into the water. Fish are often killed this way.
Crews stunned the fish with electricity, scooped them up in buckets, trucked them to a hatchery and ultimately moved them to Arroyo Hondo Creek in Santa Barbara County.
Within days, Topanga Creek was choked with mud. Some assumed the fish left behind were goners.
But in March, the conservation district’s team found four. The following month, when water conditions were clearer, they saw more.
“These fish continue to amaze me,” said Kyle Evans, environmental program manager for the state Department of Fish and Wildlife, who had seen the damage to the creek. “I had seen populations get wiped out in similar situations. So when I heard, I was thrilled.”
Evans surmises the fish that survived were in an area of the creek where less charred material and sediment were swept in.
“These fish likely hunkered down, were hiding under some rocks or places to try to get away from the main concentration of flow,” he said. “And luckily they weren’t buried.”
The ones that were spotted were fairly small, around 6 to 14 inches. Rainbow trout and steelhead trout are the same species, but with different lifestyles. If the fish remain in freshwater, they’ll be considered rainbows. However, they can migrate to the ocean and become steelhead, where they typically grow larger before returning to their natal waters to spawn.
Topanga Creek hasn’t fully recovered from the damage it sustained, but scientists say it’s looking better. Surveys last year were “so depressing,” Dagit said, with very few animals, and stretches that were essentially transformed into flat roads from all the sediment buildup. Some of the riparian canopy burned right down to the creek.
Then came 32 inches of rain over the last nine months, scouring out and moving sediment, creating deeper pools. Dagit said they recently found newt egg masses for the first time in years, as well as a few adult newts and many frogs. Plants that provide cover are starting to recover.
She provided photos comparing certain pools last year and this year, some dramatically transformed. In September 2025, the Shrine Pool could have been an overgrown hiking trail. This April, it was filled with shallow water.
The Shrine Pool in September 2025, left, and the same location in April 2026, right, with RCDSMM’s Isaac Yelchin donning a wetsuit.
(RCDSMM Stream Team)
Topanga Creek is home to another endangered fish, the small but hardy northern tidewater goby, often described as cute. Not long before the trout operation, Dagit led a rescue of hundreds of these fish too. Many were repatriated to the lagoon at the mouth of the creek in a moving ceremony last June.
There’s still the matter of what to do with the trout that were moved to Santa Barbara County last year. Evans would like to bring them home to the Santa Monicas at some point, but isn’t sure if it will happen. On one hand, they could bolster the small, genetically isolated surviving population. On the other, they might inadvertently bring in a disease or bacteria. There is some time to decide. Evans estimates the creek still needs to recover for two to three more years.
For now, the fish are functioning fine in their adopted creek. Experts worried the trauma wrought by the move would disrupt their spawning process, but they had babies that spring. This year, they spawned again.
Science
Pacifica pier cracks, another coastal casualty as seas continue to rise
The Pacifica Municipal Pier was shut down and taped off Thursday after city workers noticed cracks running through the landmark structure and concrete chunks falling into the ocean.
It’s just one of many coastal California structures that have recently crumbled under pressure from a rising and relentless ocean.
Officials from the small, beach city south of San Francisco said the pier was closed due to “cracking, separation, and displacement of the concrete walkway and structural elements.”
It will stay closed while structural engineers asses its safety.
Photos taken by city employees show a wide crack that runs from top to bottom and across the structure as well. Other photos show a large horizontal crack under the foundation of a small restaurant on the pier, the Chit Chat Cafe.
The cafe was also shut down.
This is not the first time the 53-year-old pier has shown signs of stress. In 2021, part of it was shut down after handrails along the edge collapsed. And in 2023, after a series of storms pummeled the Central California coast, damaging parts of the pier, the structure was partially closed for more than year.
Those same storms caused extensive damage in Aptos and Capitola, 70 miles south, where piers and waterfront infrastructure were swept away or damaged.
In 2024, a 150- to 180- foot section of the Santa Cruz wharf was ripped off by powerful waves.
At least 10 of the state’s dozens of coastal public piers were closed for part or all of 2024 due to structural damage sustained in winter storms since 2022. At least five others have longer-term upgrades planned to address structural issues.
“These things are costly to maintain,” said Zach Plopper, senior environmental director at Surfrider. “They are a part of our California coastal culture in many ways, but we’re going to need to reckon with, one, the state that they’re in, and two, the continuous and worsening threats they’re going to experience,”
He said most of the piers were constructed in the early 1900s, and they weren’t built to withstand decades of rough seas, storms and rising sea level.
“With this incoming El Niño, which is forecasted to be significant, and this marine heat wave we’re in the midst of, we’re kind of in uncharted waters as far as what this winter could bring in terms of storms and swells to the California coast, and we’re likely going to see a lot more damage,” he said. “Not just piers, but roads and other coastal infrastructure up and down the state.”
There was no storm in Pacifica earlier this week, so no single event could be blamed for the destruction.
However, a 2025 report from an outside engineering firm, GHD, found that several sections of the pier were in “poor” or “serious” condition, and they recommended closure before anticipated storms or events that could “subject the piles to high winds, swells and large waves.”
The firm found several areas of the pier where concrete was missing and rebar was exposed and corroding.
“The pier has continued to experience high winds and large waves in a harsh marine environment,” the engineers wrote in the report, noting that continuous exposure to seawater or marine spray was “detrimental” to the structure.
A 2023 city report estimated it would cost $19 million to repair.
That same year, a state law was enacted to require local governments along the California coast to plan for sea level rise in the coming decades.
Sea level has risen some 8 inches, on average, along the coast in the past 150 years, Plopper said, and researchers anticipate another foot in the next 25 years.
“We’re going to see profound shifts on our coastline, none that we have ever experienced before, and building static structures on the coast just doesn’t work all that well,” he said. “We’re going to have to make some really hard decisions.”
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