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 ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins
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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.
Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.
The Department of Justice did not immediately respond to Fox News Digital’s request for comment.
DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES
Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.
He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.
The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.
BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS
Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.
As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.
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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)
Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
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!”
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