The Texas Supreme Court struck down the city of Laredo's plastic bag ban—a decision that will likely overturn similar bans in about a dozen other cities, including Austin, Fort Stockton and Port Aransas.
The court ruled Friday that only the state has the authority to regulate solid waste disposal in Texas. In the 19-page opinion, Chief Justice Nathan Hecht wrote that the Texas Constitution prohibits city ordinances from conflicting with state law.
"Both sides of the debate ... assert public-policy arguments raising economic, environmental and uniformity concerns," Hecht said. "We must take statutes as they are written, and the one before us is written quite clearly. Its limitation on local control encompasses the ordinance."
The Laredo Merchants Association sued the city in March 2015 to overturn the ordinance, arguing that state law pre-empts the bag ban. The move was supported by 20 state senators and representatives, all Republicans, that filed an amicus brief in support of the merchants for an earlier appeal of the case.
Texas Attorney General Ken Paxton also backed the merchants. A press release from his office states that the ruling "effectively invalidates unlawful bag bans across Texas."
"I hope that Laredo, Austin, and any other jurisdictions that have enacted illegal bag bans will take note and voluntarily bring their ordinances into compliance with state law," Paxton said in a statement. "Should they decline to do so, I expect the ruling will be used to invalidate any other illegal bag bans statewide."
In a statement after today's ruling, Laredo mayor Pete Saenz called the decision a "major blow to all Texans who want to see a cleaner, healthier and more beautiful state."
He said that banning plastic bags helped protect the environment, reduced clean-up costs and "beautified" the city. He also said that Laredoans quickly adapted to bringing their own bags to stores.
"Single use plastic bags have contributed to flooding, mosquitoes, costly clean up for local governments, and disruption of sensitive ecosystems and wildlife," Saenz said. "Laredo's ordinance helped reduce clean up and repair costs to our storm water, sewage and water utilities systems. It also beautified our city and helped wildlife with it."
He encouraged residents and all Texans to continue bringing reusable bags, straws, cups and containers to stores.
Environmental groups were disappointed by the court's decision.
"Plastic pollution is harming wildlife, marring the beauty of our cities, and threatening our health, safety and economy," said Environment Texas executive director Luke Metzger in a statement. "Nothing we use for five minutes should pollute our environment for hundreds of years. We call on major retailers, like HEB and Walmart, to continue observing the ban in these cities and ask the Legislature to remove the preemption statute."
BREAKING NEWS: https://t.co/Tn8Ou5maOA— The Story of Stuff Project (@The Story of Stuff Project)1529609161.0
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National Park Ranger Condemned for Attacking Unarmed Indigenous Man on Sacred Native Land
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Indigenous and wilderness conservation groups were among those on Wednesday responding with outrage to video of a National Park Service ranger tasering an unarmed Indigenous man after he walked off a trail in Petroglyph National Monument in New Mexico on Sunday and then refused to comply with the ranger's orders.
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Trending
By Brett Wilkins
In what Japanese regulators on Wednesday called an "extremely serious" development, lethal levels of radiation have been recorded inside the damaged reactor building at the Fukushima No. 1 nuclear power plant, threatening the shutdown and decommissioning of the site of the second-worst peacetime nuclear disaster in history.
By Joe Timmerman
Few leaves are still falling off trees and down the ever-running water of the National Wild and Scenic Little Miami River, where they float through five counties and 111 miles of Southwest Ohio, into the Ohio River and toward the Mississippi before eventually finding their way into the Gulf of Mexico. Today, these 111 miles of Little Miami River are the cleanest that they have been in the last 40 years, and as the world may seem largely disconnected due to the coronavirus pandemic, a connection between people over time is helping to create the river's lasting sustainability.
A ripple in the water caused by a fish moves below fall trees as the sun rises in Loveland, Ohio, on Tuesday, Oct. 13, 2020. The Little Miami River flows through 5 counties and 111 miles of Southwest Ohio, including Clermont County and Hamilton County where Loveland lies between. Joe Timmerman
<p>Since its origin, the conservancy has worked with agencies like the Ohio Environmental Protection Agency (OEPA), who records the condition of the Little Miami River every 10 years by sampling fish life. In the 1980s, only 4% of the Little Miami River was in full attainment of water quality health, but in recent years, the chart has flipped, and as of 2007, the river is at 96% attainment of health, <a href="https://epa.ohio.gov/portals/35/tmdl/Lower%20LMR_TMDL%20Report_FINAL_FINAL_Nov11.pdf" target="_blank" rel="noopener noreferrer">according to OEPA research</a>.</p>Eric Partee, executive director of the Little Miami Conservancy, holds one of nine water quality sondes that are found all along the length of the river, this one in Milford, Ohio, on Tuesday, Nov. 16, 2020. A water quality sonde uses sensors to measure dissolved oxygen in the river, which is recorded every 15 minutes in 3-month spans and is checked once a week by Partee and volunteers of the conservancy. "Ninety-six percent of the river is in full attainment with exceptional habitat quality, it's just in fantastic condition. The challenge is to keep it that way," Partee said. Joe Timmerman
<p>A short walk from the doors of the conservancy is the Loveland Canoe and Kayak Livery, owned by Mark and Robyn Bersani, which is just one of the many businesses along the Little Miami River that rely on its health as their main resource for income. The Bersanis work closely with the conservancy each year by offering and volunteering for cleanups as well as generous donations. This year, along with two other liveries including Rivers Edge and Scenic River, their combined donation to the Little Miami Conservancy's effort was $56,000, according to Bersani.</p><p>"We're involved from a grassroots portion, to actually helping with cleanups, to keeping an eye on the river, as well as donating and continuing to fund the good work that they do," Bersani said in an interview. "It comes down to the people that live along the river, people that visit the river, the people in the community, if the river is going to stay clean. This river is very natural, it looks like it did 300 years ago … it is vital that the citizens all realize they have a role in this."</p><p>Up the road at Loveland High School, Amy Aspenwall, an AP environmental science teacher teaches teenagers the importance of environmental awareness through hands-on experiences in places like the Little Miami River.</p><p>In an interview over Zoom, Aspenwall talked about the importance of students getting out into nature to actually see how humans fit in the environment, because "if you don't see it, it's really not your problem," Aspenwall said. From understanding <a href="https://www.ecowatch.com/tag/food-waste">food waste</a> to the water drinking system to sewer treatment facilities, her goal is to allow students the opportunity to realize a sense of civic responsibility.</p><p>"It's important for students to start to think of themselves as a bigger picture rather than just someone following teacher instructions," Aspenwall said. "I want them to start thinking on their own and realize how powerful they are as a consumer."</p><p>Although the Little Miami River is of "exceptional quality," <a href="https://epa.ohio.gov/dsw/tmdl/LittleMiamiRiver#118215922-monitoring" target="_blank">according to a 2010 water quality monitoring report by the OEPA</a>, "the tributaries were generally of a lower quality."</p>People bike on a section of the Loveland Bike Trail alongside the Little Miami River in Loveland, Ohio, on Monday, Nov. 8, 2020. Joe Timmerman
<p>Between the shared relationships of the Little Miami Conservancy, OEPA, local government officials, developers, landowners, non-profits, teachers, and local business owners, a community has come together and worked toward the common effort to make a positive, sustainable change in the health of the river.<br></p><p>The timelessness of the Little Miami River will carry on as long as its water continues to run. And as it always has been, it's still up to the people alongside the riverbank to make sure that the water runs clean for generations to come. As the late author Nelson Henderson said, and Eric Partee paraphrased when we talked together, "The true meaning of life is to plant trees, under whose shade you do not expect to sit."</p><p><em>Note: The next OEPA Little Miami River Watershed TMDL Report will be produced and published by 2022, according to the last OEPA TMDL report. </em></p><p><em><a href="https://www.josephmtimmerman.com/" target="_blank">Joe Timmerman</a> is a sophomore journalism and photojournalism student at E.W. Scripps School of Journalism and the School of Visual Communications at Ohio University in Athens, Ohio. Joe is passionate about finding natural connections between people and sharing those stories he finds.</em></p>- Missouri River Drought Was Its Worst in 1,200 Years, Study Finds ... ›
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