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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

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

The Hierarchy of Waste

Thanks to Joel Makower for his excellent posting on "What's the 'Highest and Best Use' of Waste?".

Joel discusses consultant Gary Liss's document entitled "Zero Waste Hierarchy of Highest and Best Use" (PDF) that he designed for the City of Oakland.

In March 2006 the Oakland 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).

Liss's document digs down and provides priorities within the overarching hierarcy of "Reduce, Reuse, Recycle." It should be mandatory reading for all policy officials responsible for waste management. And as Joel states, it "has the potential to help procurement officials -- in government as well as in companies, universities, and other large institutions -- vote for the environment with every purchase they make."

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