When our seas are full plastic pollutionThe chemicals used to make plastics are connected From reduced reproductive health to serious health problems like cancer, scientists are discovering microplastics almost everywhere, from Arctic sea ice and remote lakes to where we live. lung and our blood flowBig plastics corporations are working to block government attempts to regulate plastics, and worse, are doubling down on their efforts to lock us into a plastic-dependent system.
you’re right. Despite overwhelming and growing evidence that plastic harms people and the planet, Big Plastic is fighting for the right to continue producing it. And they mean business.
Big Plastic teamed up to submit. two A lawsuit taking the government to court for attempting to ban single-use plastics (SUP). The Big Plastic coalition includes companies: good night Imperial Oil – A company that operates not only in the tar sands but also in Chemical Valley, which has petrochemical plants. operate It causes harmful emissions associated with higher rates. cancer In neighboring First Nations communities. Other large companies are also participating, such as Dow Chemical, one of the world’s three largest petrochemical producers, and Nova Chemicals, Canada’s largest petrochemical producer. (And here’s some hot gossip: Imperial Oil same lawyer The Canadian Constitution Foundation (CCF), which has defended right-wing celebrity Jordan Peterson and intervened in the case to support Big Plastic, is part of i.International Network Funding From the Koch Family Foundation 🙌)
What is the Big Plastic Challenge?
Let’s dig into the legalese. In 2021, in response to the ecological risks posed by plastic pollution, the Minister of Environment and Climate Change and the Minister of Health will: I was satisfied Ensure that items manufactured from plastic (PMI) meet the ecological criteria for toxic substances specified below. Canada Environmental Protection Act, 1999 (CEPA). They therefore recommended adding PMI to Schedule 1 of the Act, a list of toxic substances. Adding PMI to this list effectively prohibits the manufacture, import, and sale of certain PMIs, including counters, cutlery, food products made of or containing problematic plastics, ring carriers, chopsticks, and straws. These items were selected based on: evidence These items are found in the environment, are often not recycled, and there are readily available and viable substitutes.
Shortly after the government decided to list (called the order) the large plastics union challenged The government made its decision based on the following:
- The decision to list PMI as a toxic substance under CEPA is not supported by available science and could have far-reaching, unintended consequences.
- Most plastics are non-toxic, and the problem of plastic pollution is not a production problem.but Rather, post-consumer plastics are becoming a problem in the environment due to human behavior and a lack of systematic waste management and recycling.”
men short The legal arguments presented in their motion to overturn the federal court order argued that the plastic ban:
- The PMI list is unreasonable because it is too broad and no proper risk assessment has been completed to demonstrate that all PMIs are toxic.
- The decision is unconstitutional because it exceeds the scope of federal criminal law authority.
In November 2023, the Federal Court disappointingly It sided with Big Plastic, deciding that the PMI list was too broad and that the mandate (the government’s decision to create the list) went beyond the federal government’s ability to regulate the environment through its criminal powers. The court declared the decision to ban PMI invalid and illegal.
Of course, Greenpeace, frontline and border communities, and many other organizations and groups that advocated for the ban, as well as the government, opposed it.
So where are we now?
The federal government appealed this decision to the Federal Court of Appeal, and we joined in! The Canadian Association of Physicians for the Environment, David Suzuki Foundation, Canadian Environmental Defense, Greenpeace Canada and Oceana Canada, represented by lawyers from Ecojustice, intervened in the appeal, arguing that the federal government was fully authorized to list PMI as a toxic substance under CEPA. and emphasized the importance of keeping this decision consistent with CEPA. Precautionary principle. You can find our submissions here.
Why is this case important?
It’s shocking that Big Plastic is trying to convince the courts and the public that the PMI the government wants to ban is not harmful or toxic, and that the problem isn’t the plastic. production But plastic recycle. But we know better. We not only know, Plastic is harmful But we believe plastic recycling is effective An approach to the growing waste and pollution disasters facing our communities and adjacent ecosystems.
A court ruling overturning the plastic ban could have devastating effects on all the progress made in curbing plastic pollution. It could mean the federal government would have to show that: Furthermore Proof that plastic is harmful until it is regulated. Moreover, it may become more difficult in the future for the federal government to regulate both plastics production and pollution, and for states and territories to regulate plastics in a patchwork fashion.
Not only does a bad decision mean that we have to fight for plastic regulation for longer and that governments have to spend more money, but it also means that the plastics that pollute the world cause more harm to the environment and people. And in the long run, it means that the industry has to spend more money to transition to a plastic-free, waste-free, reuse-based future.
“Big Plastic believes it operates in a silo that allows it to continue producing and profiting even as the pollution and climate crises unfold,” said Sarah King, Greenpeace Canada’s Oceans & Plastics campaign director. “The industry expects the public and the planet to continue to clean up its toxic mess without being held accountable. But Big Plastic is grasping at straws in this lawsuit because it knows that a global movement of people, businesses and governments is moving toward a future that doesn’t revolve around fossil fuels and a disposable economy.”
Ways to show your support!
There are many ways to voice your concerns and show your support through action.
- Sign the petition to show your support for #ExpandTheBan! Petition
- Share this blog to spread the word about what Big Plastic is doing and help grow the movement of people demanding a plastic-free future.
- We call for a global solution to the global plastic crisis. We call for a strong global plastics treaty!
