Saving the planet: The Logic, Law and Business of Recycling
By Brandon Kline, Energy
Law
Source: CalRecycle
Fellow
A number of my eco-friends caught John Tierney’s New York
Times column on “The Reign of Recycling,”
and it got us thinking about the current position of the recycling movement –
which has gone from outlier status to accepted insider in recent years.
While most consumers now engage in recycling to some
degree, they are less likely to consider recycling from a legal or economic
perspective. Growing up as a Millennial, Recycle Rex’s mantra was
beyond debate: “Recycle, Reduce, Reuse…and close the loop.”
In other words, closing the loop through individual
action is something we must do to reduce greenhouse gas emissions. Not so, says
Tierney, who has been trashing
recycling since the 1990s.
His most recent op-ed criticizes the economic and
environmental cost of recycling and assails the land-use goals of the recycling
movement.
He writes: “But how much
difference does it make? Here’s some perspective: of one passenger’s round-trip
flight between New York and London, you’d have to recycle roughly 40,000
plastic bottles, assuming you fly coach. If you sit where each passenger takes
up more space, it could be more like 100,000.”
Critics suggest that Tierney gives short shrift to
recycling and distorts the context.
“Americans recycle
enough plastic water bottles every year to offset the carbon emissions
generated by flying round-trip between New York and London, annually,” notes
blogger Adam Minter, author of Junkyard Planet. “I find it representative of ‘The Reign of
Recycling’ – sloppy, deceptive, and lacking any kind of context for a reader
not familiar with the recycling industry.”
Tierney correctly notes that waste management is not likely to
avert the land fill crisis “in a country with so much open space.” But this is
so for a number of reasons. Most importantly, under Article I of the U.S.
Constitution, the Commerce Clause protects the practice of cities exporting
waste to rural communities, near and far, as a matter of course. Even if that
means landfills overtake land locked states. This is so because the
United States functions as a national economy. See, e.g., City of
Philadelphia v. New Jersey,
437 U.S. 617 (1978) (New Jersey statute prohibiting importation of most solid
or liquid waste which originated or was collected outside the territorial
limits of the State violated commerce clause).
As such, Tierney isn’t wrong
to state that the country has yet to run out of landfill space. But
it does not follow that the Zero Waste goal lacks merit.
According to the Zero Waste International Alliance, the zero waste goal attempts to guide people in changing their lifestyles and practices to emulate sustainable natural cycles, where all discarded materials are designed to become resources for others to use. Zero Waste means designing and managing products and processes to systematically avoid and eliminate the volume and toxicity of waste and materials, conserve and recover all resources, and not burn or bury them. Implementing Zero Waste will eliminate all discharges to land, water or air that are a threat to planetary, human, animal or plant health.
This goal can be pursued in a number of domains,
including renewable energy.
For example, in San Jose, California, renewable
energy advocates came together to design and construct an innovative dry
anaerobic digestion (AD) facility for the City of San Jose’s commercial
organics processing services. Built by a green energy public-private
partnership in December 2013, advocates lauded
this facility as the largest dry AD project in the world, processing an
estimated 90,000 tons per year (TPY) of commercial organic waste that would
otherwise be disposed of in a landfill. The high-quality compost produced
is used to enrich soils. In addition, the renewable biogas provides both
on-site power for operations and power for sale to local users of green energy.
In conclusion, pursuing zero waste goals is about closing
the loop of consumerism, and reducing greenhouse gas emissions through end-use
efficiency. As a policy matter, stressing the importance of recycling goes
beyond economics. It also makes us attentive to our levels of consumption. Even
Recycle Rex understands that.
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