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California’s Rash Plastic Lawsuit Is Anti-Growth And Anti-Environment

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California’s Rash Plastic Lawsuit Is Anti-Growth And Anti-Environment


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.

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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.

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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,

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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.”

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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.



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California man charged with bringing explosives to Sacramento airport after repeatedly calling FBI tip line | CNN

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California man charged with bringing explosives to Sacramento airport after repeatedly calling FBI tip line | CNN


A California man was charged Tuesday after authorities say he brought an explosive device and other weapons through a security checkpoint at Sacramento International Airport.

Kimani Osayande Jones, who also uses the last name Jackson, attempted to bring an improvised explosive device, a knife and other bladed weapons, a torch lighter and zip ties through a TSA security checkpoint on May 30, according to court documents filed Tuesday in the Eastern District of California.

Officials believe Jones, 49, repeatedly called the FBI tip line to report he was being threatened and intimidated in the months leading up to the incident.

Sacramento County Sheriff’s Office bomb technicians safely removed the explosive device and tested its powder and fuse, both of which were determined to be “viable and energetic,” officials say.

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Investigators said the device had the potential to damage an aircraft and cause a loss of cabin pressure.

Jones’ other luggage, which had already been through security and loaded onto an American Airlines flight to Charlotte, North Carolina, was hand-searched and examined by a canine unit upon arrival, and investigators said nothing “illegal or concerning” was found.

Jones has been charged in federal court with unlawful possession of explosive material at an airport. He faces up to five years in prison and a $250,000 fine if convicted.

His attorney, Meghan McLoughlin, told CNN in a statement: “There is often more to these cases than the government’s allegations, and that the criminal process will reveal Mr. Jones’ story as well.”

Multiple cell phones and repeated FBI tip line calls

The Sacramento resident went through security on May 30 wearing a face covering and blue latex gloves, court documents say.

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When officers found the explosive device and other items in Jones’ carry-on bag, he told them he was unaware the items were in his possession and said “he would be okay with just discarding them.” When authorities informed him that explosive material could not simply be thrown away, he denied ownership of the backpack.

Jones also had five mobile phones in his possession. The cameras on each phone had been covered with painter’s tape, which authorities believe was intended to prevent his surroundings from being recorded.

One phone contained a 15-minute timer ready to start and another had a message from an unknown number on the screen stating, “we will be awaiting your call,” according to court documents.

An individual police believe to be Jones made approximately 13 calls to the FBI tip line leading up to the incident, beginning in March.

On May 24, the caller reported being followed to and from a doctor’s appointment and described what he said were threats and intimidation by another individual.

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He said he was “being coerced in sleep to say certain phrases through digital media” and described “hearing sounds coming through walls, window panes, or even outside, attributing the outside sounds to drones,” court documents say. The call was ultimately terminated because of its “nonsensical nature.”

On the day of the incident, the same caller again contacted the FBI tip line, alleging that several individuals were threatening him throughout the past year through “cyber means.” He also referenced exercising his Second Amendment rights while denying any intention to harm others.

The Sacramento County Sheriff’s Office also noted it had prior contact with Jones, “wherein he had a history of being paranoid.”



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California may take weeks to finalize primary results. ‘This is normal’

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California may take weeks to finalize primary results. ‘This is normal’


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Although results from California’s primary election began rolling in on Tuesday, June 2, it could take days or even weeks before the final counts are certified. 

“This is normal … We have a process that by law ensures both voting rights and the integrity of elections, so I would call on all Californians to be patient,” Secretary of State Shirley N. Weber said in a June 2 news release.

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The Golden State’s lengthy vote-counting process has “become a national narrative about California elections,” according to Thad Kousser, a professor of political science at the University of California, San Diego.

“In California, it takes a long time to certify votes, to verify the signatures, to then count the ballots; all of that process takes a while,” Kousser said in an interview last week. “It may take a while for us to learn who the top candidates who emerge are.”

Here are some factors behind California’s lengthy vote-counting process. 

Mail-in ballots come with added verification step 

With each mail-in ballot cast, elections officials must compare the signature on a returned vote-by-mail envelope to the voter’s signature on their voter registration card. Various factors go into determining whether the signatures match, including the slant of the signature, whether it is printed or written in cursive, and the size, proportions, or scale. 

Vote-by-mail ballots were Californians’ preferred voting method in both the 2024 primary and general elections, with drop-off locations — such as ballot drop boxes and voting centers — the most popular way to return mail-in ballots. 

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During California’s 2024 primary, more than 7.7 million votes were cast statewide, and 90 percent of those were mail-in ballots. This means election officials had to verify the signatures on more than 6.8 million ballots before they could be counted. For the November 2024 general election, 80% of cast ballots, or about 13 million, were vote-by-mail. 

Reviewing conditional voter and provisional ballots 

California also allows for same-day voter registration, also known as conditional voter registration. Voters who need to register, or re-register, within 14 days of an election can do so at their county elections office, polling place, or vote center. These ballots will be processed and counted after the county elections office has completed the voter registration process. 

In addition to conditional voter ballots, there are provisional ballots that must be verified before they are counted. Voters cast provisional ballots for a wide array of reasons, including if their name does not appear at a polling place or if they’ve made a mistake on their ballot. After a voter casts a provisional ballot, it will not be counted until election officials have confirmed that the voter is registered to vote in that county and has not already voted in that election. 

Vote-by-mail ballots can be sent on Election Day 

Though state officials recommend voters mail their ballots sooner rather than later, state law allows vote-by-mail ballots postmarked by Election Day to be counted if they arrive within a specified window afterward, thereby extending the tallying process. 

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For the primary, ballots needed to be postmarked on or before June 2 and received by county elections office no later than June 10.  

California is, well, big 

California is the most populous state in the nation. And, as of May 18, a record total of 23,155,447 Californians were registered to vote. 

While not all registered voters are expected to have voted, county election officials estimate that more than 5 million ballots were cast statewide. 

When to expect final results 

Under state law, county elections officials are required to report the results for most ballots by June 15, or 13 days after the election, according to Weber. However, some ballots can take counties up to 30 days to count every ballot and then conduct a post-election audit. 

State law requires county elections officials to report final official results to state officials July 3. State officials then have until July 10 to certify the results of the election.

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California’s race for governor and other key primaries remain unsettled as vote count continues

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California’s race for governor and other key primaries remain unsettled as vote count continues


California’s crowded, protracted gubernatorial primary is going to take a little more time to settle.

The race remained too early to call Wednesday morning with 50% of the expected vote counted, according to NBC News’ Decision Desk. Three main candidates — former Fox News host Steve Hilton, a Republican, and two Democrats, former Health and Human Services Secretary Xavier Becerra and billionaire activist Tom Steyer — are competing for two spots in the general election, with the candidate in fourth place, Republican Riverside County Sheriff Chad Bianco, running well behind.

Hilton had 27% support in the all-party primary with about half of votes still left to count, while Becerra had 26% and Steyer had 20%. Bianco was the only other candidate in double digits, at 11%.

In California, all candidates run on the same primary ballot in the primary and the top two vote-getters, regardless of party, move on to the general election.

It’s difficult to say when it will be clear which two candidates advance to the November general election, however, due to the state’s protracted vote counting.

And with millions of ballots left to count, other key races in California remain uncalled as well, including the second runoff spot to face Los Angeles Mayor Karen Bass one on one in November, several House races that could help determine the majority next year, and more.

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In the governor’s race, all three candidates rallied supporters around the state as the evening drew on.

“We’re not there yet, but it’s looking good,” Hilton told allies. “It looks very much as if Californians really will have the chance to vote for change in November and take our state in a new direction, a fresh start for our state, which is long overdue.”

But while Hilton was narrowly in first place when he spoke, Democratic candidates were capturing the majority of the votes.

Becerra looked back at his own “underdog story,” from his immigrant relatives to his bid for governor, which took some time to catch fire.

“Almost immediately, he’s counted out, an afterthought, overlooked by many, outspent by a ton, even called along the way to drop out and save us the trouble,” Becerra recounted to his supporters. “Well, guess what? The underdog stayed in the fight. Like my parents, I never gave up.”

Steyer struck a hopeful note in his election night speech despite a deficit in the vote count.

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“It might take some time to figure out where this is going, we’re going to wait till every ballot is counted, we’re going to give democracy a time to work, and we know we finished really strong,” Steyer said.

Major battleground districts

GOP Rep. David Valadao’s district has been one of Democrats’ top targets for years, but two Democrats are locked in a close race for the second spot in the November general election against the incumbent.

School board member Randy Villegas, who won support from national progressives, has a slight lead over state legislator Jasmeet Bains, 30% to 26%, with less than half of the expected vote tallied in the 22nd District. Valadao is comfortably in first place.

And in Northern California’s 6th District, Rep. Kevin Kiley — who was elected as a Republican and switched to become an independent this election cycle, as he runs in another newly redrawn district — is bunched up in a tight race that includes Democrat Richard Pan, a former state legislator, and Republican Michael Stansfield. Currently, Stansfield is running ahead of Pan; they spent much of Tuesday night and Wednesday morning trading the lead, which could have significant general election implications.

Meanwhile, outside California, Democrats think they might be able to challenge for one of Montana’s red-tinted congressional districts this fall, after Rep. Ryan Zinke decided to retire. But less than 2 percentage points separate Democrats Sam Forstag and Ryan Busse with more than 85% of the expected vote tallied in their primary in Montana’s 1st District.

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Read more about Tuesday’s House primaries here.

A safe seat battle to watch

Plenty of other House districts in California — and a few elsewhere — still have unsettled primaries, but one attracted particular attention due to how nasty the campaign got.

In Southern California, where two Republican incumbents are facing off in one district due to redistricting, Rep. Ken Calvert has advanced to the general election, but Rep. Young Kim is still battling for the second spot. She leads Democrat Esther Kim-Varet in the race for second, 22% to 16%, with about half of the vote in.

Who will face Bass in Los Angeles?

While Bass is projected to advance to a November runoff in Los Angeles, it’s not yet clear whether she’ll face Republican Spencer Pratt or Democrat Nithya Raman.

Bass has about 37% of the vote to 29% for Pratt and 21% for Raman so far, with approximately half of the expected vote tallied.

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Speaking to supporters on election night, Raman, a member of the Los Angeles City Council, said that “tonight may not give us a final answer on this race.”

“Many thousands of votes will be counted in the days ahead, and we may not get an answer we like, but regardless of what happens next, nobody, nobody can take away what all of us have built together,” she continued.

Pratt, meanwhile, was looking ahead to a potential matchup with Bass when he spoke to reporters.

“Now I have five months to get deep into every community that hasn’t heard my message to make them safe,” said Pratt, a former reality TV star. “So I’m actually very excited, because I felt very rushed. It’s a big city, and I was not able to talk to as many people as I look forward to talking to.”

Bass also projected optimism, telling her backers, “We got a lot more to go, but so far it’s looking good.”

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