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  • This blog is maintained by Stephen Filler, a New York-based attorney with expertise in business law, contracts, intellectual property and litigation. He represents a wide variety of businesses, technology, media companies and individuals. He also provides legal and consulting services to sustainable, environmental and renewable energy businesses, non-profit organizations and trade organizations. He is on the board of the New York Solar Energy Industries Association and Secretary of the Hudson River Sloop Clearwater. His business website is www.nylawline.com.

    The Green Counsel consulting website is www.greencounsel.com.

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San Francisco Bans Plastic Bags

San Francisco just passed a law -- the first in the United States -- that bans petroleum-based plastic bags by large grocery and drug chains. According to the city, plastic bags litter the streets and are responsible for choking marine life. As an alternative, stores may offer paper bags or compostable plastic.

According to Craig Noble, a San Francisco-based spokesperson for NRDC, "America consumes 30 billion plastic bags and 10 billion papers ones each year," he says, which use up 14 million trees and 12 million barrels of oil. The biodegradable bags, he says, "give consumers a way out of making this false 'paper or plastic' choice."

The California Grocers Association opposed the ban, partly because of cost, and supported recycling. They argued that plastic bags cost pennies, while paper bags cost 4 to 5 cents, and compostable plastic bags run from 6 to 10 cents; and these costs will have to be passed on to consumers.

For more info, go here.

Message in a Bottle Bill

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Over the past 20 years, more than 80 billion bottles and cans have been returned and recycled through New York’s bottle bill, and more than five million tons of plastic, glass and metal have been kept out of New York’s landfills and incinerators. It is New York’s most successful recycling and litter prevention program, but now it needs improvement.

For the past two years, New York’s State Assembly has passed legislation, known as the “Bigger Better Bottle Bill,” but the bill has died in the State Senate. This year, the bill was passed again by the State Assembly and is being supported by Governor Spitzer. It needs support.

The current bill has two critical elements:

1) It includes deposits on non-carbonated beverages such as bottled water, iced tea, juice and sports drinks; and,

2) It requires the beverage industry to return all unclaimed deposits to the state to fund recycling programs and other environmental needs. Revenue from unclaimed deposits could bring in $100-$180 million per year and would support curbside recycling programs, farmland preservation, parks, open space and other programs to protect our land, air and water.

Even though more than 400 groups, businesses, and local governments and 20 newspaper editorial boards have endorsed updating the bottle bill, the Senate is again threatening to kill the bill.

If you live in New York, express your support for the bill by writing or calling Senator Bruno (President and Majority Leader) at Room 909, Legislative Office Building, Albany, NY 12247 (518) 455-3191), as well as your local Senator. To find your local Senator, click here.

For more information on the bill, visit: New York Public Interest Research Group.

Photo Credit: Jurek Durczak

Oakland: There is a Green There There

Ecoequity
Gertrude Stein famously said about her home town, Oakland, California, that “there isn’t any there there.” Surely she would have a different opinion if she were there today and, in fact, many green urban advocates like us wish we were there.

Oakland is the working class home to 500,000 people and one of the nation’s most racially diverse cities. Although it has one of country’s largest ports, many manufacturing jobs have disappeared. In its poorer neighborhoods, 40% of young people suffer chronic respiratory ailments, there are no supermarkets, and ten thousand people are on probation or parole.

Recently, however, hope has arrived in green robes with the potential to build an ecological and equitable economy. Last year, Ron Dellums was elected mayor after promising to grow a local green economy. Then, the Ella Baker Center for Human Rights helped convene the Oakland Apollo Alliance (associated with the National Apollo Alliance). The Alliance has brought together labor, environmentalists and social justice activists with a mission to create “green collar” jobs for Oakland residents and to build a local sustainable economy.

The Oakland Apollo Alliance is advocating for three big green ideas:

1) Creating a “Green Job Corps,” with the help of labor unions, community colleges and the City, to train and employ residents to work in the green economy.

2) Developing “Green Enterprise Zones” where sustainable businesses will be given incentives to move and hire local residents.

3) “Green the Port” of Oakland and turn what is currently one of Oakland’s biggest public health threats into an international model of sustainability (by among other things implementing energy retrofits and converting the port to biodiesel).

Thousands of local residents are supporting this initiative, nonprofits are aligning strategic plans, and funders are pouring money into Oakland, all motivated by the chance to build a sustainable and just future.

If these efforts succeed, Oakland will become a model of sustainability by creating high quality jobs, cleaning the environment, improving public health and helping the country achieve energy independence.

For more information, see the article in Yes Magazine here, or visit the Ella Baker Center's Reclaim the Future website.

Photo Credit: Ella Baker Center.

Ten Steps Toward Sustainability -- Step 10: Celebrate Success

One of the best ways to encourage sustainability is to provide awards for excellence. Portland Oregon's Office of Sustainable Development recently announced its 14th Annual BEST awards for local businesses that incorporate sustainability into their business. Award categories include energy, product development, water efficiency, food systems, storm water management, transportation alternatives, waste reduction and pollution prevention.

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings
Step 4: Set A Goal of Zero Waste
Step 5: Enact Environmentally-Friendly Land Use Laws
Step 6: Create Biotic Corridors
Step 7: Encourage Green Transportation
Step 8: Bar "Formula" Restaurants
Step 9: Support Green Roofs and Porous Pavement

Ten Steps Toward Sustainability -- Step 9: Support Green Roofs and Porous Pavement

Municipalities can build green roofs on city structures and create incentives for private building owners and developers to use them. Green roofs typically have a layer of soil with plants; their greatest advantage is water management, since they can absorb 50-60% of the rainwater that falls on them. This means that storm water enters the municipality's drainage system in a slow, controlled flow, rather than the typical high-volume surge from impervious surfaces that frequently cause storm water overflows to mix with sewage. Green roofs also help buildings stay cool in the summer and retain heat in the winter. Portland, Chicago and Toronto all have green roof programs.

Similarly, porous pavement can reduce storm water flooding and pollution by permitting water to pass directly through concrete or asphalt into the soil rather than sheeting off. Philadelphia recently announced it intends to use porous pavement in its storm water management program.

For general information on green roofs, see www.greenroofs.com.

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings
Step 4: Set A Goal of Zero Waste
Step 5: Enact Environmentally-Friendly Land Use Laws
Step 6: Create Biotic Corridors
Step 7: Encourage Green Transportation
Step 8: Bar "Formula" Restaurants

Ten Steps Toward Sustainability -- Step 8: Bar "Formula" Restaurants

Fast food is often unhealthy, over-processed and its processing, packing and transportation create huge amounts of waste and CO2 emissions. A small but growing number of communities across the country have banned so-called "formula" restaurants. The New York Times reported September 24 that NYC Councilman Joel Rivera, Chairman of the Health Committee, wants to use New York zoning laws to limit the number of fast food restaurants in the City. New York City also became the first U.S. city to ban trans fats in restaurants.

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings
Step 4: Set A Goal of Zero Waste
Step 5: Enact Environmentally-Friendly Land Use Laws
Step 6: Create Biotic Corridors
Step 7: Encourage Green Transportation

Ten Steps Toward Sustainability -- Step 7: Encourage Green Transportation

Communities can take hundreds of steps to reduce emissions from motor vehicles and green their transportation systems. Some of the better ones: use hybrid fleets; create "Safe Routes to School" projects and participate in "Walk to School Week"; appoint a cycling coordinator, build bicycle lanes, and provide for widespread bicycle parking; and provide a jitney bus service to get commuters to the train. For more information, see Walkable Communities and Walktoschool.org. For information on the new Jitney programs in New Jersey, click here.

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings
Step 4: Set A Goal of Zero Waste
Step 5: Enact Environmentally-Friendly Land Use Laws
Step 6: Create Biotic Corridors

Act Locally: Ten Steps Toward Sustainability -- Step 6: Create Biotic Corridors

Ecosystems do not respect municipal borders and, unfortunately, municipalities have generally returned the favor. Communities, however, can band together to create biotic corridors that maintain important ecosystems and biodiversity. Recently, the Metropolitan Conservation Alliance of the Wildlife Conservation Society has worked with the New York towns of Lewisboro, Pound Ridge and North Salem to preserve habitats spanning 22,000 acres known as the Eastern Westchester Biotic Corridor. The New York towns of Cortlandt, Putnam Valley and New Castle just reached a similar agreement for the Croton-to-Highlands Biotic Corridor.


See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings
Step 4: Set A Goal of Zero Waste
Step 5: Enact Environmentally-Friendly Land Use Laws

Act Locally: Ten Steps Toward Sustainability -- Step 4: Set A Goal of Zero Waste

In March 2006 the Oakland, CA, City Council adopted a "Zero Waste" goal by 2020 and commissioned the creation of a "Zero Waste" Strategic Plan. Oakland has already achieved the 50% waste reduction goal mandated by California law, primarily through residential recycling collection programs and free market recycling services available to businesses. As opposed to traditional waste management principles, the "Zero Waste" strategy presumes that products are designed to be repaired, reused or recycled, and so that no waste is a threat to planetary, animal or plant health. Communities can strive toward "Zero Waste" by implementing policies to reduce (promote low-impact or reduced-consumption lifestyles, and reduce volume and toxicity of waste); reuse (foster use of discarded materials to stimulate and drive local economic growth); and recycle (improve "downstream" recycling of end of life products and materials to ensure highest and best use).

On a simpler level, municipalities can mandate municipal purchasing of recycled products such as paper. Communities can also create a materials exchange program for items such as computers and chemicals, or give incentives to reduce waste by charging residents based upon the amount of waste they generate with "pay as you throw" programs. Local laws should also insure that communities use "dual steam" recycling, meaning that paper and cardboard is separated at the curbside from bottles, cans and plastic. There is an unfortunate trend toward mixing all recycled waste in a "single stream," which is less expensive for haulers, but undermines the value of the recycling (paper with glass shards, for example, cannot be recycled).

See also:

Act Locally: Ten Steps Toward Sustainability:

What is Sustainability?
Step 1: Create a Sustainability Task Force
Step 2: Support Local Business
Step 3: Incorporate LEED and Energy Efficiency Standards in Buildings

Act Locally: Ten Steps Toward Sustainability -- Step 1

"Think globally and act locally" remains the perfect creed for communities seeking a sustainable future. With the federal government in denial, most of the innovative work for sustainability in the United States today is occurring on a state and local level.

Local action has great benefits. Citizens can best identify local problems and opportunities given their political, economic and social make-up. Local programs -- arising organically from the community -- can engage, educate and empower citizens more forcefully than directives from Washington or Albany. And local communities can serve as laboratories for small-scale experiments that, if successful, can be exported for widespread use.

Here are some of the best policy and legislative initiatives to consider for your community:

1. Create a Sustainability Task Force

For far-reaching effects, municipalities can form a Sustainability Task Force to identify local problems, set goals and act to save energy, use less resources, and reduce pollution. It's best if a task force works with a municipality, but one can be started simply with a group of concerned citizens. A task force can limit its scope to the local government, the school district, a particular economic sector (e.g., manufacturing, food or retail), or it can reach them all. The City of Minneapolis's Sustainability Task Force is a great example. It conducts yearly roundtable discussions and utilizes expert testimony, and then publishes annual reports with sustainability goals, targets, strategies and progress. It utilizes measuring tools, or "indicators," in important areas such as air and water quality, asthma, bike lanes, sewer overflow, permeable surfaces, tree canopy, and renewable energy. (Non-environmental "indicators" include affordable housing, wages, graduation rate, and students in the arts.)

In the Hudson Valley, New York, the City of Hudson just created a "Cool Cities Citizen Advisory Panel." The panel will focus on energy, infrastructure, municipal policy, community and intergovernmental partnerships, and "buy local first" economic development. In Westchester, a group of citizens recently formed a Sustainable Westchester Task Force and drafted a proposal (MS Word Doc) for community-wide sustainability planning to engage the county, local governments, schools, and the private sector.

(To be continued)

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