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California's war on plastic bag use seems to have backfired. Lawmakers are trying again

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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.

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“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.

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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.

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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.

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“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.”

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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.

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Park Police union says officers ‘did everything they could’ during DC anti-Israel riot

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Park Police union says officers ‘did everything they could’ during DC anti-Israel riot

Following the protests at Union Station by anti-Israel agitators defacing federal property in protest of Israeli Prime Minister Benjamin Netanyahu’s address to Congress, a Park Police union is pushing back against criticism that only a few arrests were made.

Thousands of Hamas-sympathizing agitators descended on Washington, D.C., Tuesday, at one point defacing federal monuments with phrases in support of the terrorist group responsible for the Oct. 7 attacks in Israel, saying, “Hamas is coming.” 

Twenty-three people were arrested at the protests, but some have suggested that number should have been higher. 

Sen. Marco Rubio, R-Fla., posted on X, “How many more times are they going to allow leftist degenerates who support terrorism and hate America to vandalize property and attack police? There should have been hundreds of arrests today in D.C. not just 23.”

HOUSE REPUBLICANS REPLACE AMERICAN FLAGS AT UNION STATION AFTER ANTI-ISRAEL PROTESTS

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The Columbus Memorial Fountain at Union Station during an anti-Israel protest on the day Israeli Prime Minister Benjamin Netanyahu addressed a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Seth Herald)

But the U.S. Park Police Labor Committee is pushing back.

“Our officers on the ground did everything they could to protect life and property. In fact, despite having only 29 officers available to mitigate damage — 29! — with no additional help from the Department of the Interior, we processed several arrests for charges ranging from assault on a police officer to destruction of government property,” Kenneth Spencer, chairman of the United States Park Police Fraternal Order of Police, said in a statement. 

“That’s why it’s so disheartening to hear some members of Congress and members of the media, many of whom describe themselves as ‘champions’ of law enforcement, suggesting that officers gave protesters a ‘pass’ or that insufficient arrests were made. 

“Nothing could be further from the truth. Anyone who truly cares to understand the problem would see that our officer staffing crisis is at the root of our agency’s mission readiness. A small unit of 29 officers arrested 10 individuals while being assaulted by a mob of thousands. We simply did not have the staffing or resources to accomplish a mass arrest operation.”

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SEE IT: THE MOST DRAMATIC PHOTOS FROM WEDNESDAY’S PRO-HAMAS WASHINGTON, D.C. PROTESTS

A pro-Palestinian demonstrator sprays graffiti on Christopher Columbus Memorial Fountain at Union Station

An anti-Israel demonstrator sprays graffiti on the Christopher Columbus Memorial Fountain at Union Station on the day of Israeli Prime Minister Benjamin Netanyahu’s address to a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Nathan Howard)

At least one demonstrator, whose face was covered, was spotted by Fox News carrying what appeared to be the flag of the terrorist group Hamas while others were heard shouting “Allahu Akbar.”

KAMALA HARRIS REACTS TO ANTI-ISRAEL RIOTS AT DC’S UNION STATION

Protesters-gather-for-Israeli-PM-Netanyahu's-address-to-Congress-in-Washington

Anti-Israel demonstrators burn an effigy depicting Israeli Prime Minister Benjamin Netanyahu outside Union Station on the day of Netanyahu’s address to a joint meeting of Congress on Capitol Hill in Washington July 24, 2024.  (Reuters/Nathan Howard)

The White House condemned the protests Wednesday evening, calling the chaos “disgraceful.” 

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“Identifying with evil terrorist organizations like Hamas, burning the American flag or forcibly removing the American flag and replacing it with another is disgraceful,” White House spokesperson Andrew Bates said in a comment to Fox News Digital Wednesday evening. 

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Ali: Kamala Harris has a campaign soundtrack: Beyoncé's 'Freedom'

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Ali: Kamala Harris has a campaign soundtrack: Beyoncé's 'Freedom'

Vice President Kamala Harris’ bid for the presidency has a soundtrack: Beyoncé’s “Freedom.”

The leading Democratic presidential candidate took the stage in her first visit to her Wilmington, Del. campaign headquarters and again during her first campaign rally in Wisconsin as the song played.

Now the cathartic anthem graces Harris’ first campaign ad, in which she says: “There are some people who think that we should be a country of chaos, of fear, of hate. But us? We choose something different: We choose freedom.”

Pit that against the musical number her competitor chose for his grand entrance on Night 3 of the Republican National Conference. Donald Trump walked out to James Brown’s “It’s a Man’s, Man’s, Man’s World,” a tone-deaf choice for a former president found liable for sexual abuse, who’s bragged about sexually assaulting women, a married man who paid hush money to a porn star and a former president who rolled back women’s reproductive rights 50 years with the repeal of Roe vs. Wade.

Maybe the Godfather of Soul would have endorsed Trump’s usage of his song, but Brown would be breaking with decades’ worth of musicians who’ve decried GOP candidates playing their tracks at rallies and booster events. Adele, Rihanna, R.E.M., the Rolling Stones, Prince, Neil Young, Guns N’ Roses and Queen are among the many artists who’ve spoken out against Trump using their tunes for campaign purposes.

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Heart bristled when the McCain-Palin campaign used “Barracuda.” Tom Petty insisted George W. Bush back away from “I Won’t Back Down.” Bruce Springsteen decried Ronald Reagan’s appropriation of “Born in the U.S.A.”

Beyoncé, however, gave Harris her blessing to use “Freedom,” a single from her 2016 blockbuster album “Lemonade.” The song, which features guest rapper Kendrick Lamar, is an explosive expression of empowerment. At the time of its release, it spoke to public outcry around police killings of unarmed Black men and women — Eric Garner, Tamar Rice, Freddie Gray — and protests that were largely fueled by the ire of younger generations.

Whether Beyoncé was singing about the tyranny of a cheating spouse or racial injustice (or both), the song became an anthem for a new, potentially potent block of the American electorate.

For the first time, Gen Z and millennials could now account for as many votes as baby boomers and their elders, groups that have made up a majority of the electorate for decades.

Folks under 40 have grown up with Beyoncé and her ubiquitous work. Think of Beyoncé like the Who for boomers — their work is everywhere (Republican Sen. Rand Paul played the band’s anti-war hit “Baba O’Riley” when he campaigned in 2015) — or Nirvana for Gen X, except no one cares what we think. Whatever, nevermind.

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The Harris campaign’s smart choice of music coincides with a willingness to lean into a meme culture that shot up organically around the 59-year-old VP since President Biden announced Sunday that he was dropping out of the race.

Pop star Charli XCX showed her support for Harris when she tweeted “Kamala IS brat.” The British singer is referring to the TikTok and Twitter edits of Harris’ image superimposed to songs from Charli XCX’s hit album “Brat.” The avalanche of memes come from a video clip in which Harris talks about her mother’s response to the hubris of youth: “You think you just fell out of a coconut tree? You exist in the context of all in which you live and what came before you.”

Right-wing social media used the quote to deride Harris as inarticulate and a “word salad” master, but liberal swaths of Gen Z have since reworked the clip into emojis and memes that celebrate Harris’ nonconformist approach. She’s become a viral sensation, in a good way, unlike J.D. Vance’s damning “single cat lady” memes and a cringey internet joke about encounters with couches.

It’s rare that relevant talent will shill for a Republican candidate. Case in point: Trump’s pop culture ambassadors at this year’s RNC were Kid Rock, Kanye’s ex Amber Rose and former WWE wrestler Hulk Hogan, whose big moment was ripping his shirt off and screaming “Let Trump mania run wild!”

Harris chose to let freedom ring, and she has Queen Bey behind her.

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Texas sues Biden administration over program giving birth control to teens without parents' knowledge

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Texas sues Biden administration over program giving birth control to teens without parents' knowledge

Texas officials are challenging a recent order from President Biden’s administration that would allow schools to distribute birth control to teenagers without parental consent.

Texas Attorney General Ken Paxton announced Thursday that his office is suing the Biden administration over their 2021 change to Title X guidelines banning parental consent requirements for birth control services.

“By attempting to force Texas healthcare providers to offer contraceptives to children without parental consent, the Biden Administration continues to prove they will do anything to implement their extremist agenda — even undermine the Constitution and violate the law,” Paxton said in a statement.

TRUMP SAYS HE ‘WILL NEVER ADVOCATE IMPOSING RESTRICTIONS ON BIRTH CONTROL’ OR OTHER CONTRACEPTIVES

A woman takes the next pill from a monthly pack of contraceptive pills.  (Annette Riedl/picture alliance via Getty Images)

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The Texas legal battle began in Dec. 2021 when US District Judge Matthew Kacsmaryk ruled that Title X — the federal program that provides free, confidential contraception to anyone regardless of age, income or immigration status —  violates parental rights and violates state and federal laws.

The case was argued by former solicitor general of Texas Jonathan Mitchell, representing father Alex Deanda, who said he was “raising each of his daughters in accordance with Christian teaching on matters of sexuality, which requires unmarried children to practice abstinence and refrain from sexual intercourse until marriage.”

SCHUMER PLANS VOTE ON ‘CONSTITUTIONAL RIGHT TO CONTRACEPTION’ IN BID TO PROTECT SENATE DEMOCRAT MAJORITY

Matthew Kacsmaryk

Kacsmaryk, a Trump appointee, previously ruled that parents must be informed when birth control is provided to their children under 18 years old. (Senate Judiciary Committee via AP)

In response, the federal government updated guidelines to state that Title X projects “may not require consent of parents or guardians for the provision of services to minors, nor can any Title X project staff notify a parent or guardian before or after a minor has requested and/or received Title X family planning services.”

Paxton is now seeking a permanent injunction on this rule, which he claims defies the findings of the federal court.

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Texas Attorney General Ken Paxton and his wife Angela are pictured outside the Supreme Court on Nov. 1, 2021.

Paxton and his wife Angela are pictured outside the Supreme Court. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

Paxton filed the lawsuit in a federal court in Amarillo. It will likely be heard by Kacsmaryk, the same judge who previously ruled parents must be informed of birth control provided to their children.

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