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Battle over single-use plastics erupts as 17 states move to block California law

Attorneys general in seventeen states are suing California over its landmark single-use plastic law, which went into effect on June 1.

The lawsuit comes after a coalition of environmental groups sued the state over the same law this month, arguing the new final regulations create loopholes so large they gut the law.

The states are led by Nebraska Atty. Gen. Mike Hilgers, and the plaintiffs include the National Assn. of Wholesaler-Distributors. The coalition is asking the court to block enforcement of the law immediately.

“Once again, California is trying to enact a policy that negatively impacts the rest of the country,” said Hilgers in a news release. “If California goes unchecked, consumers will be forced to pay more for basic necessities.”

The other states in the coalition are Alabama, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah and West Virginia. The lawsuit was filed in the U.S. District Court of Eastern California in Sacramento on Monday.

State Senate Bill 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, was signed by Gov. Gavin Newsom in 2022. It was considered landmark legislation because it requires plastic and packaging companies to use less single-use plastic and ensure by 2032 that all food packaging is either recyclable or compostable.

Accumulating plastic waste is overwhelming waterways and oceans, sickening marine life and threatening human health.

The intent was not only to reduce single=use plastic, but also to put the onus and cost of dealing with it on packaging producers and manufacturers, not consumers and local governments. It was supposed to incentivize companies to consider the fate of their products and spur innovation in material redesign.

Plastic bottles on a shelf. Some have the word "Joy" on them.

Plastic bottles of dishwashing liquid at Compton’s Market in Sacramento on June 17, 2022.

(Rich Pedroncelli/AP)

According to one state analysis, 2.9 million tons of single-use plastic and 171.4 billion single-use plastic components were sold, offered for sale or distributed during 2023 in California.

The single-use plastic law is what is known as a producer responsibility law. It emphasizes the idea of a “circular economy” in which the producer of a material must consider its fate — making sure it can be reused or recycled, or at least reduced.

In California, all producers of single-use packaging and plastic foodware (plates, knives, spoons, etc.) join a private entity known as a producer responsibility organization. Only one such organization has been approved in California: the Circular Action Alliance.

The states and the National Assn. of Wholesaler-Distributors say the plastic law discriminates against businesses selling into the state in two ways: by making them change or alter their plastic packaging and by conferring government authority upon the alliance, enabling a private entity to regulate and impose taxes and fees on businesses selling into California.

“California is not entitled to pronounce nationwide policies,” Eric Hoplin, president and chief executive of the wholesalers group, said in a statement. “Because the Act extends California’s regulatory reach far beyond its borders and brings within its sweep conduct wholly unconnected to California, the Act violates principles of federalism, the horizontal separation of powers, and due process.”

In addition, the attorneys general say the law suppresses their free speech by compelling companies to join and fund the speech of an organization with which they may disagree.

Hoplin and his organization filed a similar suit in Oregon in February. Oregon has a comparable single-use plastic law. A federal judge blocked enforcement of that law. A trial begins on July 13.

Heidi Sanborn, executive director and CEO of the National Stewardship Action Council, which advocates for the producer responsibility laws and a more circular economy, said in May that both SB 54 and the Oregon law are public policies that were “passed by legislatures and implemented with government oversight.”

She said the laws create clear and consistent rules so all producers contribute fairly to the cost of recycling and waste management.

Meanwhile, environmental groups are also unhappy.

On June 2, Oceana, the Natural Resources Defense Council and Californians Against Waste Foundation filed a lawsuit in San Francisco Superior Court.

They allege that the final regulations for the law, drafted and approved by the state’s waste agency, include exclusions for large categories of plastic packaging that companies could use indefinitely. In addition, they say, the regulations also allow for recycling technologies that pollute, such as chemical recycling, which the law as originally drafted forbids.

“While SB 54 remains a monumental achievement as the nation’s strongest single-use plastic reduction law, some of the final regulations implementing the statute undermine the law’s ambitions,” Christy Leavitt, Oceana’s senior campaign director, said in a statement.

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Violence erupts in Somalia’s capital over president’s extended term

People gather during a protest in a street in Mogadishu, Somalia, on Thursday after fighting erupted between opposition-led protesters and Somali state security forces during a planned protest against the federal government’s mandate extension for President Hassan Sheikh Mohamud. Photo by Said Yusuf Warsame/EPA

June 4 (UPI) — The Somalian military and opposition militias opposed to an extension of President Hassan Sheikh Mohamud’s term by the country’s parliament skirmished Thursday in its capital.

After the opposing sides set up positions within Mogadishu late Wednesday, gunfire and fighting broke out in the city ahead of planned demonstrations today, The Guardian and The New York Times reported.

Mohamud was due to leave office May 15, but the country’s parliament voted to extend his term by one year, prompting opposition leaders — including former President Sharif Sheikh Ahmed and former Prime Minister Hassan Khayre — to announce demonstrations against what they said is a constitutional crisis.

Ahmed said that government forces had targeted his home intending to kill him because he has spoken out against the extended term and is leading resistance to it.

Ahmed and Khayre each have their own security, as do other clans throughout the country, and the alleged targeting of the leaders by government military forces led to ongoing skirmishes that have left Mogadishu residents fleeing for their safety.

Ahmed, in a video statement, said that government forces had “encircled and attacked my house.”

“I am never scared of their aggressive attack — I will fight back,” he said.

Khayre said in a statement that the government had deployed anti-tank weapons and drones in the attack, endangering civilians in the area.

At a press conference Thursday, Col. Mahdi Omar Mumin said that government forces staged “an operation in which security agencies neutralized armed militia members who yesterday attacked police forces in the Hodan District,” Somalia’s Ministry of Defense said in a statement on X.

“The militia had caused harm to Somali civilians and disrupted security in the capital,” the ministry said.

Mohamud and members of the parliament who support him said the effort is to move from indirect elections to individuals voting specifically for their chosen candidates.

Opposition members have said they fear the change could prevent many people in the country from having a voice in the government and potentially enable greater power for Mohamud.

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Gunfire erupts in Mogadishu before protests against Somali president’s rule | News

Ex-Somali PM Khaire accuses government forces of attacking him before planned antigovernment protests in Mogadishu.

Heavy gunfire has broken out in central Mogadishu as Somalia’s former Prime Minister Hassan Ali Khaire says he has been attacked by government forces before planned protests.

“An attack was launched against us by forces commanded by the president whose term has expired,” Khaire said in a social media post on Wednesday, adding they had been preparing for a “peaceful demonstration” the following day.

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President Hassan Sheikh Mohamud “bears full responsibility for today’s violent attack on our consultative meeting”, he said.

Somalia has fallen into yet another political crisis after Mohamud announced that his term had been extended for a year after it was due to expire on May 15.

The opposition and regional leaders have rejected the move and demonstrations were due to take place on Thursday.

Khaire relocated from his base in the heavily fortified green zone around the airport to his residence in the city, in order to take part in the protests.

RPGs, gunshots

An AFP news agency journalist filmed images of panicked residents in the Howl Wadaag district near his home, with loud gunshots heard in the background. Witnesses told AFP they saw armed opposition forces clashing with Somali police.

“The shooting lasted for about 15 minutes before it subsided. They even used RPGs [rocket-propelled grenades], and the sound of the explosions could be heard across the surrounding neighbourhoods,” said one witness, Saleban Mahad.

The president has been attempting to move Somalia towards democratic elections, replacing a system based around clan elders.

Mohamud argues he was given an extra year in the presidency when a new constitution was passed by parliament in March that set the framework for polls.

But with the country deeply divided between rival clans, and much of it under the control of al-Shabab, an al-Qaeda-linked armed group, there has been little progress on organising elections beyond a few localised pockets.

Opposition and regional leaders have strongly opposed Mohamud’s plan, seeing it as an attempt to centralise power.

Foreign powers, primarily the United States and the United Kingdom, have attempted to broker talks between the government and opposition to little avail.

Reaction to attack on Khaire

Ex-President Sharif Sheikh Ahmed has also moved into central Mogadishu for Thursday’s protest. He criticised the attack on Khaire, saying the president “seeks to cause further bloodshed despite not having a legitimate official mandate – his time has expired”.

“This attack will not stop the demonstrations by residents of the capital who are protesting against injustice, displacement, and the abuse of government power,” he said on X.

Previous presidents have also stayed in office beyond their mandates.

Former President Mohamed Abdullahi Farmaajo stayed more than a year in office after the official end of his mandate in 2021, triggering violence and condemnation from the international community.

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Indonesia’s Mount Merapi volcano erupts, spewing ash into the sky | Volcanoes

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Videos show Indonesia’s Mount Merapi spewing a column of ash around 2 kilometres high in West Sumatra’s Tanh Datar District. Authorities have enforced an “exclusion zone” within a 3-kilometre radius around Mount Merapi since an eruption in 2023.

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