Tribal Regulation of Single-Use Plastics
The Regulatory Review (by Cynthia R. Harris)
April 23, 2019
https://www.theregreview.org/2019/04/23/harris-tribal-regulation-plastics/

The world is waking up to the growing problem of plastic waste contaminating our ocean and terrestrial environments. Local governments—lauded as laboratories of innovation—have begun enacting bans and fees on single-use plastics, reducing the amount entering the waste stream in the first place. Businesses are stepping up; national and multinational governance bodies are adopting laws cutting down on the manufacture and distribution of single-use plastics.

Recycling Increases in Red States, but Blue States Still Recycle More
Author
Linda K. Breggin - Environmental Law Institute
Environmental Law Institute
Current Issue
November-December 2018
Issue
6
Linda K. Breggin

What does a decade of survey data tell us about household recycling trends? Nationally, recycling rates increased by seven percentage points from 2005 to 2014 for households that recycle plastic, paper, cans, and glass.

Researchers Kip Viscusi, Joel Huber, and Jason Bell, who mined data collected from over 170,000 households in an effort to understand the factors that influence recycling behavior, were surprised by the upward trend. They reasoned that states did not enact major changes to their laws that could account for the increased recycling rates during the decade studied. Furthermore, economic factors such as the 2008 recession reduced Chinese demand for recycled materials, and reductions in the cost of producing new plastic (due to increased fracking) all limited states’ financial capacity to support recycling.

Despite these impediments, the analysis shows that recycling behavior did increase overall, although rates varied based on the type of material and geographic region. For example, can recycling rates were the highest (74 percent in 2014), but plastics recycling rates increased the most (11 percent). The researchers explain that the relative rates are affected by numerous factors, such as how often a household uses the material, the effort required to recycle, and whether local policies support recycling of specific materials. They also identified market factors that affected variations, such as the increased popularity of plastic water bottles.

The Northeast achieved the highest recycling rates — followed, in order, by the West, Midwest, and South. But despite leading the pack, rates in the northeastern and western states were fairly stable, whereas rates in the Midwest and South grew substantially. Several factors influenced these regional variations including, but not limited to, the type of state legal regime and political party control.

For example, even though most states have some type of recycling law — almost all of which were enacted before 2005 — the stringency of the statutory requirements affected rates. The seven states with mandatory recycling laws, Connecticut, District of Columbia, New Jersey, New York, Pennsylvania, West Virginia, and Wisconsin, had the highest recycling rates — 67 percent on average. In contrast, the 21 states that either have no recycling laws — or laws that specify a goal but neither impose a mandate nor require plans or recycling amenities — had much lower rates. These states, which are located in all regions of the country and include Wyoming, Indiana, Delaware, and Montana, had an average recycling rate of 41 percent. The researchers report that the greatest rate increases were in states with the least stringent laws, even though the overall rates were highest in states with the most stringent laws.

In addition, states in which both the governorship and the legislature were controlled by Democrats recycled 30 percent more than in states controlled by Republicans. According to the researchers, political party control is associated with several factors that in turn affect recycling rates, such as the “prevalence of pro-environmental attitudes, population density, and state government spending levels.” The researchers conclude that their finding “is consistent with the emphasis by Democrats on government actions to further policy goals, contrasting with Republicans who value reliance on individual responsibility.” And, although Democratic states had the highest recycling rates, Republican states had the greatest increase in rates.

In what ways can these historical trends inform recycling efforts moving forward? According to Viscusi, the data indicate that amendments to state laws are unnecessary, as the statutes are broad enough to allow for program and policy changes that can make household recycling easier, such as curbside pickup and convenient drop-off locations. He further suggests that efforts should focus on states that do not have high enough levels of recycling, such as those in the South, which he concludes “have not hit a plateau” and have the “greatest opportunities for gains.” But, is increasing recycling rates in the South easier said than done?

Viscusi offers an approach: “Totally ignore the environmental benefits and focus on the economics.” The Viscusi team’s prior research found that “sometimes recycling programs pass the cost-benefit test and sometimes they don’t,” but in many cases recycling can be a “money maker.” He also queries whether corporations may appreciate robust recycling programs that may reduce the growing pressure to reduce or ban the use of plastics altogether.

Policymakers and stakeholders will undoubtedly rely on this study in shaping future recycling initiatives. The research’s value highlights the need for more empirical and longitudinal studies to inform a range of state and local environmental policies.

Recycling increases in red states, but blue states still recycle more.

Need Policies That Will Promote Private Action
Author
Susan Ruffo - Ocean Conservancy
Ocean Conservancy
Current Issue
January-February 2018
Issue
1
Parent Article
The Circular Economy in Action

Every year, some 8 million metric tons of plastic enters the ocean, entangling or choking wildlife and ending up in the guts of zooplankton and fish. This plastic never fully biodegrades but rather breaks into smaller and smaller pieces, making it nearly impossible to retrieve. If trends continue, the ocean could contain one pound of plastic for every three pounds of finfish by 2025. Early studies have shown that the chemicals leached from plastic can impact reproduction and life cycles in shellfish and cause brain damage in fish, many of which we then eat.

This is unacceptable. For 30 years, Ocean Conservancy has mobilized the International Coastal Cleanup to mitigate marine debris. More than 12 million volunteers have collected nearly 230 million pounds of trash from beaches and waterways since the 1980s. They have seen firsthand the real impact of items like plastic shopping bags, straws, water bottles, and other often-disposable items. We are proud of this mammoth initiative and are on track for 2018 to be our biggest cleanup yet.

But trying to solve the problem through cleanups alone is like mopping up an overflowing sink without turning off the tap. We need to stop plastics from getting into the ocean in the first place. A circular economy, including effective waste management, provides a long-term solution.

More than 2 billion people worldwide lack access to proper waste collection and management. An estimated 80 percent of ocean plastic comes from land, with nearly half from just five countries in Southeast Asia where consumption and waste generation have outpaced governments’ abilities to collect trash.

A circular economy can help mitigate the ocean plastic problem as well as many others. But even the best, most recyclable products and materials are still trash if they reach the ocean. Effective waste collection and recycling is critical to ensuring the loop is complete. A circular economy that improves collection, recycling, and end use of materials will let us keep valuable resources in the system and out of the ocean.

No one sector can tackle this alone. That’s why Ocean Conservancy launched the Trash Free Seas Alliance in 2012, to unite industry, scientists, and conservationists to combat marine debris. And that is why we work with governments around the world, to ensure appropriate, supportive policies are implemented.

Waste management is often led by local governments. But there are national-level policies that can help to direct and support these efforts. In 2016 ministers from the 21 economies of the Asia Pacific Economic Cooperation forum endorsed a series of policy and practice recommendations that provide guidance for establishing the political, economic, legal, and regulatory conditions to prioritize and incentivize investments in waste management by countries, multilateral development banks, and the private sector.

These recommendations encourage countries to set ambitious, attainable targets with supporting action plans. APEC countries will measure and reward progress through performance indicators, and encourage and acknowledge frontrunner cities for their achievement. End-of-life incentive policies will be used to stimulate recycling market demand and increase product recyclability. Finally, the recommendations prioritize solutions with strong environmental standards, transparent monitoring, and community engagement. Indonesia is already putting these ideas into practice: in 2016, its government set a goal to reduce marine debris in its waters by 70 percent, and its National Marine Debris Action Plan addresses several of these recommendations.

The private sector and civil society must engage as well. Companies can use their marketing power for awareness and education, to guide consumer preferences in the right direction. They can allocate funds toward collection of their products — much like the dairy industry did in the days of the milk man. They can develop ingenious ways of recycling materials. They can also use their business expertise to support new projects and entrepreneurs that will build next-generation waste management systems.

In October, Ocean Conservancy, the Trash Free Seas Alliance and Closed Loop Partners, with PepsiCo, 3M, Procter & Gamble, American Chemistry Council, and the World Plastics Council, joined to announce the creation of a $150 million funding mechanism for waste management projects in southeast Asia.

Implementing a circular economy, and solving the marine debris problem, takes action from every sector. Governments have a role to play in implementing sound, smart, science-based and locally relevant solutions that allow the private sector and civil society to act. Together, we can benefit not just the ocean, but people and communities around the world.

 

Susan Ruffo has over a decade of experience working on environmental issues in and out of government. She is currently managing director for international initiatives at Ocean Conservancy.

Subscribe to plastic