A blog set out to explore, archive & relate plastic pollution happening world-wide, while learning about on-going efforts and solutions to help break free of our addiction to single-use plastics & sharing this awareness with a community of clean water lovers everywhere!
Showing posts with label Plastic Bag Lawsuits. Show all posts
Showing posts with label Plastic Bag Lawsuits. Show all posts

Friday, May 8, 2015

Plastic bag companies cry foul on Dallas ordinance


Dive Brief: 

  • Hilex Poly Co., Superbag Operating Ltd., Advanced Polybag Inc., and The Interplast Group have filed a lawsuit against the city of Dallas regarding a ordinance levying a nickel-per-bag fee on single-use plastic bags, claiming the fee contradicts state law.
  • The plaintiffs said the Dallas ordinance violates the Texas Health and Safety Code. The group is looking for a judgment invalidating it and stopping enforcement of the nickel fee.
  • According to the plaintiffs, it would punish the plastic bag makers because it would result in a sales decrease of single-use plastic bags. The new ordinance also would result in higher costs for Dallas-area shops and consumers, the plaintiffs said.

Dive Insight:

While the plaintiffs’ argument that the Dallas plastic bag ordinance will decrease sales of the bags and cost merchants and shoppers more money seems true, the fee also will likely have the effect of lowering the volume of plastic bags going into the landfill waste stream.
Plastic bags are a sizable portion of constantly accumulating ocean garbage. Ocean plastic fouls waters, destroys habitats and harms animals and organisms. The lasting effect of the city’s most recent conservation effort could be measurable.

 

Recommended Reading

 

Recycling Today: Plastic bag companies file suit over Dallas fee

Tuesday, December 9, 2014

Prairie Village considers banning plastic grocery bags


Read more here: http://www.kansascity.com/news/government-politics/article4369346.html#storylink=cpy
 A plastic bag is blown against the fence of a tennis court at Santa Fe Trail Park in the 7700 block of Delmar Street in Prairie Village.

Around her neighborhood, they call former Kansas City councilwoman Joanne Collins “the picker upper.”

She loathes litter. Especially those plastic shopping bags that flutter from tree branches and cling to sewer grates.

“I leaped up and got one off an awning once,” said Collins, a passionate environmentalist who says she’d welcome a ban on the plastic bags that merchants hand out by the billions.
“Kansas City needs to do it.”

Several nations and scores of U.S. cities, including Chicago and Seattle, have done just that in recent years. Next July, a statewide ban takes effect in California.

However, no bag restrictions are on the books hereabouts, despite some false starts. As a result, shoppers return home with millions of single-use bags every year, ignoring many retailers’ offer to pay a nickel for each reusable cloth bag brought into the store.

But that lack of action could start to change in the months ahead if bag restrictions gain a foothold in Prairie Village.

Officials there are considering whether to outlaw plastic grocery bags, or impose a fee on both plastic and paper bags to encourage the use of reusable canvas totes.

The citizens advisory committee studying the issue could also drop the idea, but for now that doesn’t seem likely.

“We are finding a lot of support,” environment committee chairman Ben Claypool said.

Should Prairie Village enact bag restrictions, it would be a first for Kansas and the metro area.

Roeland Park spent three years studying the issue but dropped plans to pass an ordinance in 2013, fearing a costly legal battle. The plastic bag industry has spent millions trying to defeat bag bans in other parts of the country.

“It was pretty devastating after all the work we’d done on it to have it come to a halt,” said Roeland Park City Councilwoman Megan England.

Garden City, Kan., too, took up and dropped the issue, despite concerns from ranchers that their cattle get plugged up from eating plastic bags caught on fence posts and barbed wire.

Missouri has no restrictions, either. A bill introduced in the general assembly in 2009 died in committee.

But this fall, Columbia began considering an ordinance that would prohibit bags being given away by anyone selling perishable food products, such as supermarkets and discount stores that sell groceries.

“I want to say the chances of it passing are really good,” said Jan Dye, chairwoman of the local Sierra Club, which initiated the proposal. “But I’m just not sure.”

And it will likely be months before she finds out.

Old question

Paper or plastic? That all-too-familiar question at the checkout counter has been with us since the late 1960s, when the now ubiquitous, two-handled plastic shopping bag came into being.

Over the ensuing decades, merchants and shoppers alike have come to prefer cheaper plastic bags over brown paper sacks. They also take up less space and, according to some, are easier to tote.

Worldwide, a trillion single-use plastic bags are handed out every year. Some point out they are used more than once by people who line their trash cans with them or pick up pet waste.

But there is only so much dog doo and used cat litter to convey. Most plastic bags are wadded up and tossed in the garbage, even the most ardent defenders of plastic bags concede.

That is despite the fact that, according to the plastic bag manufacturing industry, 90 percent of the American public has access to recycling options for plastic bags.

Depending on the community, the percentage of bags recycled ranges from the single digits to the mid teens. Before the ban in Seattle, for instance, only 13 percent of the 292 million bags handed out to shoppers annually were recycled.

“Americans use on average nearly one plastic bag each day,” says the left-leaning Earth Policy Institute, “taking something made from fossil fuels formed over millions of years and generally using it for mere minutes before throwing it away.”

In addition to filling up landfills and being a source of litter, the bags all too often find their way from storm sewers to the ocean where sea turtles mistake them for tasty jelly fish.

Bag restrictions began to pop up in the early 2000s here and abroad. Within a year of imposing a bag fee in 2002, Ireland saw a sharp increase in the number of people switching to reusables.

San Francisco, in 2007, became the first major U.S. city to initiate a ban on plastic grocery bags. Now the ban applies to virtually all retail uses.

In addition, merchants there are required to charge 10 cents for other bags they hand out, such as plastic bags that are certified compostable (most plastic bags aren’t), bags made out of recycled paper and reusable bags designed for at least 125 uses and are washable.

Many other cities on the West Coast have adopted similar restrictions since then. Elsewhere, several states and local governments have taken steps short of outright bans aimed at reducing plastic bag use, or are considering them.

Most notably, the District of Columbia saw a 60 percent reduction in consumers’ use of plastic bags after a 5-cent fee was imposed in 2010. Up to two-thirds of the money collected goes to the merchants, and the rest goes to a watershed cleanup fund.

Kansas City political consultant Marcus Leach had something similar in mind this year when he began making plans for a possible ballot issue here.

It, too, would have called for a 5-cent charge for each disposable bag, with the proceeds going for neighborhood beautification or to support curbside recycling.

“Unfortunately, the polling came back and said Kansas City is not ready for it yet,” Leach said. Percentage-wise, support “came back in the low 40s.”

Low priority

While favoring either a bag tax or an outright ban, local environmental groups haven’t made it a focus of their efforts.

Bridging the Gap, which operates recycling centers and heads the Keep Kansas City Beautiful anti-litter campaign, has its hands full with a lot of other issues, executive director Kristin Riott says.

Same goes for Vicki Richmond at the Healthy Rivers Partnership, who says plastic bags are a major source of litter in and along area streams. Yet even she sometimes forgets and leaves her cloth bags in the car when she goes into the store.

“But I find what they’re doing in Prairie Village exciting,” she said.

So far they haven’t done much, but they’re working on it. Last week, the environmental committee began setting up appointments with retailers for next month to get their opinions.

Chances are, they won’t be positive.

“No one likes to have litter around,” says Jon McCormick, president of the Retail Grocers Association of Greater Kansas City. But he says there are more pressing environmental issues that need addressing.

“We would be opposed to banning plastic,” he said.

Likewise, the ban-the-bag effort in Columbia is facing opposition.

In an op-ed published in The Columbia Tribune last week, the president of the Missouri Retailers Association said a ban would take away consumer choices, be a burden on business and not be that big of a boon to the environment.

“Their carbon footprint is lower than other bags,” wrote David Overfelt, “they require less water to make and those that do end up in landfills have often been reused as waste bags and take up significantly less space than other bag options.”

The industry-supported American Progressive Bag Alliance says people should be free to make their own choices. Imposing fees on paper or plastic, the group say, is an unfair tax on consumers.

“It’s a scam that will take billions of dollars from California taxpayers to line the pockets of grocers,” alliance chairman Mark Daniels told the Los Angeles Times in a prepared statement as the group mounts a petition drive to repeal the law in that state.

The industry also funds aggressive public relations campaigns to oppose bans.
Whatever direction Prairie Village and Columbia decide, it’s been proven that banning plastic bags alone won’t change people’s habits.

Only a small percentage of shoppers in Santa Fe, N.M., switched to reusable bags when that city’s plastic bag ban went into effect nearly a year ago. The reason for that, a study concluded, is that a 10-cent fee for paper sacks was cut before final passage.

“Without any disincentive to use paper bags, the effectiveness of the ordinance is clearly compromised,” it said.

Where bag bans have worked best, a fee on paper sacks has been imposed.

For now in Kansas City, plastic bags remain the go-to conveyance for schlepping groceries — at least judging by the traffic coming out of the Price Chopper in Brookside the other morning, only one out of 10 shoppers gripped a reusable cloth bag. More common were guys like Jim LeCluyse, whose shopping cart was laden with a dozen white, plastic bags.

Normally he uses cloth bags, pointing to a nest of them on the floor of his minivan. But he also has pets and felt the need to stock up on plastic bags.

“I think it’s a good thing,” he said of the bag bans some places have in effect. “But what would I do about my cat litter box and cleaning up after the dog?”

In places where the bans have passed, environmentalists say, somehow pet owners get by.
To reach Mike Hendricks, call 816-234-4738, or send email to mhendricks@kcstar.com.

Read more here: http://www.kansascity.com/news/government-politics/article4369346.html#storylink=cpy

Thursday, July 21, 2011

Plastic Bags - Oceans Report

posted on www.EnvironmentCalifornia.org on July 19, 2011

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Leading the Way Toward A Clean Ocean: Communities Around the World Take Action Against Plastic Bags

2011-07-19
Leading_the_Way_Toward_a_Clean_Ocean_final.July.2011.pdf Leading_the_Way_Toward_a_Clean_Ocean_final.July.2011.pdf

Executive Summary

On July 14th 2011, The California Supreme Court ruled that the city of Manhattan Beach can enforce a local ordinance banning plastic bags. The policy had been held up by a lawsuit brought by the Save the Plastic Bag Coalition. Manhattan Beach can now move forward on their bag ban, bringing the total number of California cities and counties that have successfully taken action against plastic bag pollution to 12.
[1] http://www.courtinfo.ca.gov/opinions/documents/S180720.PDF

Our oceans are polluted with millions of tons of plastic trash. In the Pacific Ocean, plastic debris churns in a soup called the Great Pacific Garbage Patch – an area twice the size of Texas where plastic bits outweigh plankton. Plastic pollution persists for hundreds of years, and can kill turtles, seabirds and other marine animals.

Throw-away plastic bags are a significant part of the problem. To reduce ocean pollution and protect the environment, more than 80 national and local governments across the planet have taken official action to ban throw-away plastic bags or to establish fees or taxes on such bags.

State, county, and city governments in California should follow their lead and ban the use of plastic grocery bags.

Plastic bags contribute to the pollution of California’s ocean and beaches.
  • Californians use approximately 16 billion plastic bags per year—more than 400 annually per person.
  • Less than 5 percent of plastic bags are recycled. Instead, they end up sitting in landfills, littering streets, clogging streams, fouling beaches, or floating out to sea.
  • Plastic trash threatens ocean ecosystems. Sea turtles and other marine animals often mistake plastic bags for jellyfish and eat them, causing injury or death. In parts of the Pacific Ocean, including the Great Pacific Garbage Patch, plastic outweighs plankton by up to six times.
  • The city of San Francisco estimated that the taxpayer cost to subsidize the recycling, collection, and disposal of plastic and paper bags amounts to as much as 17 cents per bag. Applied to California as a whole, that adds up to more than $1 billion per year.
More than 80 national and local governments around the world have taken action to protect the ocean by reducing the use of plastic bags.
  • At least 20 nations and 47 local governments have passed bans on distributing specific kinds of throw-away plastic bags, including the nations of Italy, Kenya, Mongolia, Macedonia, and Bangladesh; the states of Maharashtra, India and Buenos Aires, Argentina; and the cities of Karachi, Pakistan and Telluride, Colorado.
  • Approximately 26 nations and local communities have established fee programs to reduce plastic bag use and/or increase the use of reusable alternatives, including Botswana, China, Hong Kong, Wales, Ireland, Israel, Canada’s Northwest Territories, Toronto, Mexico City, and Washington, D.C.
Bans and meaningful fee programs effectively reduce plastic bag pollution.
  • Bans and fee programs quickly reduce plastic bag distribution. Ireland, which in 2002 established a fee roughly equivalent to 28 U.S. cents per bag, saw plastic bag use drop by 90 percent within the first year. After Washington, D.C., implemented a much smaller 5 cent tax on plastic bags, the number of bags distributed by food retailers fell from 22.5 million per month to 3.3 million per month. And the year after banning plastic bags at pharmacies and supermarkets in 2007, San Francisco businesses distributed 127 million fewer plastic bags, and cut overall bag waste reaching the city landfill by up to 10 percent.
Eleven city and county governments in California have taken successful action to reduce plastic bag pollution.
  • Eleven California cities and counties have bans on plastic bags in effect, including Long Beach, Santa Monica, San Jose, San Francisco, and unincorporated Marin and unincorporated Los Angeles counties. Five of these communities, including Marin County and San Jose, have also authorized mandatory charges on paper bags to encourage citizens to use reusable bags.
  • Two additional communities, Oakland and Manhattan Beach, passed bans that were later struck down after legal challenges by plastic bag manufacturers.
Much more progress can be made to reduce plastic pollution in the ocean and transform our throw-away culture.
  • Education and recycling cannot keep pace with the generation of plastic bag pollution. Despite a 2006 law requiring retailers to place bag recycling bins in front of their stores, less than 5 percent of bags are recycled.
  • To make a real impact, all California cities and counties should restrict the use of plastic bags, and advocate for similar action at the state level.

Tuesday, June 21, 2011

Plastic Bag Companies Now Suing Entrepreneurs: The ChicoBag Case

by Paula Alvarado, Buenos Aires on 04.12.11 on Treehugger.com
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Andrew Keller, founder of ChicoBag, on board at the Sea Dragon with 5 Gyres. Photo credit: Paula Alvarado

As awareness about plastic pollution around the world continues to grow, the plastic industry has been busy trying to save its business. This is true for bottled water manufacturers, but especially true for plastic bag companies, which haven't taken the anti single-use plastic movement easily and have been taking all kinds of actions to prevent people from stopping to use their products.

On the PR side, they've launched campaigns like Save The Plastic Bag, which are flooding websites and media with sometimes misleading information: namely, that reusable bags may contain germs that could get your family sick if you don't wash them (duh: every piece of cloth can contain germs if you don't wash it, including tea towels, garments, cleaning cloths, etc.).

On the legal side, they've sued cities that have banned plastic bags like Oakland, CA, Fairfield, CA, and San Jose, CA, arguing that the decisions were taken without proper environmental impact studies and asking for bans to be taken down.

Unsatisfied with these practices, this business group seems to be taking the next step: filing suits against entrepreneurs that are standing up against single-use plastics. Such is the case of a recent lawsuit that three major plastic bag producers have filed against ChicoBag Company, a pioneering company in the reusable bag movement.

The names in question are Hilex Poly Company, Superbag Operating and Advance Polybag, who are claiming that ChicoBag has infringed in 'False and Misleading Advertisement', 'Violation Of The Latham Act', and 'Violation of The Unfair Trade Practices Act' for some information included on its website.

The facts in dispute include a quote supposedly taken from the EPA website claiming that "Reusable bags need only to be used eleven times to have a lower environmental impact than using eleven disposable bags", some clerical errors due to website formatting (references pointed to the wrong facts), and some statements related to the Great Pacific Garbage Patch.

Now of course every business owner has the right to ask for explanations when someone is talking trash about one's work or product, and it might be true that a lot of misinformation about plastics is wrongly portrayed and deserves some rectification. But ChicoBag claims that it corrected the information that was wrong in its website within 72 hours of receiving notification of it. Nevertheless, the plastic companies continued with the suit.

It seems at the very least curious that companies the size of these are taking it against a medium-sized business like ChicoBag, a business run by an entrepreneur that has been prominently active and vocal, standing up against wasteful single-use plastics.
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The plastic bag monster, also making an appearance on the trip. Photo credit: Paula Alvarado

ChicoBag's founder, Andrew Keller, has been running his business like a non-profit, doing all sorts of actions to raise awareness about the over-use of plastic bags. In the summer of 2010, he toured the US in a 'plastic bag monster' suit raising awareness against the abuse of these and receiving a fair amount of attention in the media. Previously, he had testified before the State of California in support the ban of plastic bags and was a speaker at the TEDx Great Pacific Garbage Patch event.

Again: plastic companies have the right to defend their product all they want, and it's up to consumers to decide what they want to do. But using their greater economic resources to shut the mouth of an environmentally conscious entrepreneur seems more like a case of bullying than of defending fair commerce practices.
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The entrepreneur during one of his watches on the boat. Photo credit: Paula Alvarado

Keller (above) is now participating in the South Pacific 5 Gyres expedition that TreeHugger was invited to join, where he's trying to find out more about plastic marine pollution first-hand.

"I've always tried to convey the most accurate information about single use plastics but it's hard to know what facts or articles are the most up to date and accurate. To compound the issue, the plastics industry has its own industry-funded facts and information which makes the topic extremely confusing to sort through. So I wanted to come here and see for myself first-hand, what's the impact of plastics on our ocean," he said about his reasons to join the voyage.

Asked about the lawsuit, he preferred not to make statements until the process continues. However, we found that environmental organizations against plastic pollution -- including 5 Gyres -- are aware of the legal action and are planning to offer support. We'll keep you posted about how this issue unfolds.

UPDATE: ChicoBag has put up a website to inform people about the lawsuit, you can check it out at www.SuedByPlastic.com.


More Stories on this Topic:

Small Plastic Bag Lawsuit Could Have a Huge Impact on Green Business

Plastic Bag Industry Says ChicoBag is Talking Trash

Plastic Bag Manufacturers SLAPP ChicoBag for “Talking Trash” (official court documents posted)