Greenpeace Inc. has filed a lawsuit in California Superior Court alleging that Walmart has employed unlawful, unfair and deceptive business practices by labeling and advertising its various private-label plastic products and packaging as recyclable. The organization demands that Walmart remove what it says are the “false and misleading labels stating that its disposable plastic products and packaging are recyclable when they are not.”
Geenpeace alleges that Walmart has violated California consumer protection laws, including the California Environmental Marketing Claims Act (EMCA), which regulates deceptive environmental marketing claims.
The organization’s suit states that Walmart’s recyclability claims are false, misleading and deceptive because most consumers in California do not have access to facilities that can recover the items made from plastics other than polyethylene terephthalate (PET) or high-density polyethylene (HDPE). Greenpeace also alleges that no end markets exist for these additional plastics.
In early 2020, Greenpeace released the results of a survey of the nation’s 367 material recovery facilities (MRFs). The organization says consumer goods companies and retailers legitimately can label only PET and HDPE bottles and jugs as recyclable according to Federal Trade Commission “Green Guide” requirements. Greenpeace also claims that full-body shrink sleeve labels that are added to PET and HDPE bottles and jugs make those products nonrecyclable.
However, that is not strictly the case, according to guidance from the Association of Plastic Recyclers (APR), Washington. Steve Alexander, APR president, says bottles featuring such labels “can be—and are—recycled each and every day.”
Walmart announced in early 2019 its intentions to work with its U.S. private-brand suppliers on a number of commitments, which included reducing private-brand plastic packaging when possible, optimizing the use to meet the need; seeking to achieve 100 percent recyclable, reusable or industrially compostable packaging for its private brand packaging by 2025; and labeling 100 percent of food and consumable private-brand packaging with the How2Recycle label by 2022.
GreenBlue, the Charlottesville, Virginia-based nonprofit that manages the How2Recycle labeling system that Walmart and other retailers and brands use, provided Recycling Today with this statement concerning the lawsuit:
“How2Recycle is designed to comply with the FTC Green Guides. The How2Recycle program engaged in extensive vetting of the label design and recyclability requirements with the FTC prior to the launch of the label in 2012 and consults with FTC on an ongoing basis. Specific programmatic decisions and labels have been adjusted to reflect FTC feedback and suggestions, including those mentioned in this case, such as the design of the Check Locally label.
“The Check Locally label is an opportunity for regional education for items that are recyclable for between 60 percent and 20 percent of Americans. The qualifier directly states, ‘Not recycled in all communities.’ Without a Check Locally label, contamination could increase and could discourage recycling of materials that are recyclable in certain communities. How2Recycle encourages people to get to know their local recycling program.
“The How2Recycle label promotes the transparency, reliability and completeness of recyclability claims and is backed by an impartial 501(c)(3) environmental nonprofit. Recycling still has major problems that need solving, like increasing the quantity of valuable materials in the recycling cart and reducing contamination from nonrecyclable packaging that does not belong there. How2Recycle continues to advance progress against these challenges by bringing more clarity to end-of-life packaging instructions than any other system in North America.
“While labeling packaging for recyclability certainly won’t solve all our problems in how we use, value and manage materials in society, labeling for recyclability is essential. We are proud that How2Recycle’s members believe in empowering people to recycle more accurately and are also leveraging insights from the How2Recycle label to make packaging more recyclable. To date, over 2,000 packaging designs have changed to become more recyclable as a direct result of How2Recycle.”
Westlaw Today reports that Walmart spokesman Randy Hargrove says the company denies the allegations Greenpeace makes in the lawsuit.
"We previously reviewed these allegations and explained to Greenpeace that the product labeling complies with federal and state laws,” Westlaw Today reports Hargrove as saying. “Like many other retailers, we rely on labeling developed and validated by our suppliers and sustainability partners.”
Aspen, Colorado, City Council weighs options for ‘aggressive’ waste diversion plan
Current predictions are that—without adjustments—Aspen’s local landfill will be out of capacity in three to 10 years.
The Aspen, Colorado, City Council says it would like to be as aggressive as possible in creating a comprehensive plan for diverting waste from the landfill and incentivizing the community to generate less trash, reports the Aspen Daily News.
Senior environmental health specialist for the city, Liz Chapman, presented Aspen elected officials with three scenarios last week that balanced spending and timelines in achieving the council’s goal of waste reduction. A status quo scenario would mean the city makes no further investments than what it already spends on waste management.
Current predictions are that—without adjustments—the local landfill will be out of capacity in three to 10 years.
According to the Aspen Daily News, a middle of the road scenario was presented, called “Scenario B,” that would include hiring dedicated staff members and concentrating on the number one sector attributed to landfill accumulation, which is construction waste.
A third scenario would cost the city upwards of $250,000 per year, including a fully staffed department with funds for subsidizing commercial and private waste diversion programs.
“Scenario C would be, we want to aim for a net-zero community as fast as we can get there, and we are going to spend a whole bunch of money in order to do it,” Chapman explained to the council.
Scenario C would include the city adopting similar policies to the ones the county has enacted. It could also mean subsidizing restaurant efforts to reduce waste, such as composting programs, providing bear-proof receptacles and a reusable takeout container program.
In creating a comprehensive waste management program, the city might also use punitive measures as well as incentives, the Daily News reports. A 2015 study showed in that year, two-thirds of the trash brought to the landfill was from construction and demolition (C&D) waste. Councilmember Ward Hauenstein suggested fees specific to the industry that is responsible for the majority of the landfill’s capacity issues.
“If you are filling up the landfill with construction waste and demolishing, perhaps you should pay for it,” he said.
In order to fund the staffing and programming needed to implement new policies and public outreach campaigns, the environmental health department would likely need to create a revenue stream. Chapman is scheduled to appear back in front of council in the spring with options for that income.
For now, council has given direction that they would be amenable to a supplemental budget for one additional staff person to assist in the work of building a long-term plan to reduce solid waste and divert compostable and recycling materials from the Pitkin County Landfill.
Baltimore Mayor Brandon Scott has announced that curbside recycling collection will return to the city of Baltimore Jan. 19, 2021. The Baltimore Department of Public Works (DPW) suspended the city’s curbside residential recycling collections Aug. 31.
Earlier this year, the Baltimore DPW had reported that the city was facing delays in collecting trash and recycling due to COVID-19, weather conditions, an increase in the amount of waste that DPW’s Bureau of Solid Waste crews had been collecting and shortage of staff reporting to work each day. The DPW said only 163 of its required 230 staff members reported to work Aug. 14 and that some of those workers were out due to COVID-19 or due to being in quarantine.
Until curbside recycling resumes in January, DPW says it plans to continue to operate recycling collection drop-off centers in each of the city’s 14 districts.
“We have to restart curbside recycling collections, a basic core function of city government, and we must get it right,” Scott says. “I thank our residents for their patience during this unprecedented time. Please expect to hear more from the Department of Public Works about a plan for the resumption of recycling services in the coming weeks.”
SWACO receives national grant to study effectiveness of food diversion activities
The U.S. EPA awarded the $60,000 grant to SWACO in support of its work to reduce food waste in the Columbus region.
Sustainable materials management, according to the U.S. EPA, is a systematic approach to use and reuse materials through a product’s entire life cycle to minimize environmental impacts, conserve resources and reduce costs.
“EPA is pleased to support the work of the Center for EcoTechnology, RTI International and the Solid Waste Authority of Central Ohio as they work towards increasing the use of recycled materials and reducing food waste,” said EPA Regional Administrator Kurt Thiede. “These projects serve as examples that through local collaborations we can improve resource conservation, create stronger and more resilient recycling systems, and spur economic growth.”
The U.S. EPA awarded the $60,000 grant to SWACO in support of its work to reduce food waste in the Columbus region. Specifically, the grant will be used to measure the baseline of food waste behaviors and outcomes in a central Ohio community, and subsequently explore how the campaign changes behaviors to reduce food waste as well as the effectiveness of “Save More Than Food,” an awareness campaign to educate consumers about food waste and how to prevent it.
SWACO launched the campaign in September in partnership with more than 150 organizations and businesses in central Ohio that make up the Central Ohio Food Waste Initiative.
The EPA grant is the second national recognition SWACO has received for its work surrounding food waste diversion. In October, the National Recycling Coalition named SWACO as the “Outstanding Recycling Organization for 2020” for outstanding growth of programs and impacts pertaining to food waste diversion.
“We believe the 'Save More Than Food' campaign will help people understand the severity of the food waste problem in central Ohio and encourage them to reduce food waste in their own homes,” said Ty Marsh, SWACO’s executive director. “But the grant from the U.S. EPA will let us know for certain what type of impact the campaign has had.”
OSU’s research team will develop and conduct resident surveys between Feb. 1 and May 31, 2021, to find out if the campaign had an impact on residents’ views and behaviors regarding food waste. The team will also conduct a waste audit, where they’ll examine random samples of residential waste and separate it into categories to determine how much of it is food. OSU plans to compile and share the results of the surveys and waste audit by November 2021, creating a peer-reviewed manuscript for academic use and likely hosting webinars aimed at the consumer audience.
The city of Upper Arlington offers residents a composting program for food scraps and is part of ongoing efforts to reduce the waste that unnecessarily ends up at the landfill. The drop off composting program received assistance from SWACO and has grown to three drop-off locations and a total of 17 collection containers. To date, the program has collected over 70,000 pounds of food waste. As part of the SWACO and EPA funded project, SWACO will work with city officials and staff to communicate with residents about the surveys, conduct a waste audit and use “Save More Than Food” campaign materials to measure the impacts of the educational resources such as emails, newsletters, webinars and community events.
“Upper Arlington is proud of our ongoing Food Waste Composting program that has to date collected over 150,000 pounds of waste that would otherwise end up at the landfill,” said Jackie Thiel, public service director. “This partnership and grant with SWACO and the Ohio State University will continue our efforts and bring additional awareness to the severity of the food waste problem in central Ohio.”
Grant funded activities are already underway and will ramp up in 2021.
Photo Courtesy of Tanzi Propst, The Park Record.
Waste leaders discuss challenges of 2020, forecast industry in 2021
At Waste Today’s Corporate Growth Conference, panelists discussed industry ebbs and flows of the last year and shared their perspective on where we’re going in waste.
The past year has been marked by notable extremes in the waste sector. Healthy revenues, pricing and M&A activity that wrung in 2020 were offset by a COVID-inspired downswing that prompted slowdowns in the commercial sector, increased residential volumes and an uncertain economic forecast.
As we head toward 2021, most public waste companies have reported that revenues, volumes and M&A interest have started to solidify after mid-year lows.
At Waste Today’s 2020 Corporate Growth Conference held Oct. 14, waste industry executives, investors and analysts tried to make sense of recent changes in the industry and laid out expectations for the near future.
Effram Kaplan, managing director for Brown Gibbons Lang & Co., moderated a session titled “Market Dislocation: Where is the Market Post-Coronavirus?” The session covered the near- and long-term impacts of COVID-19 on the environmental services and waste markets.
Dovigi noted that COVID has had more of an impact on business in certain regions than in others due to the presence of, and adherence to, stay-at-home orders. He noted that citizens in Canadian markets generally abided by such mandates without much pushback, which allowed for less disruption outside of a 6- or 8-week window in March and April when all but essential businesses were shuttered. Similarly, he noted that U.S. operations experienced significantly different ramifications from the virus based on the state, population density within those states, and how strictly stay-at-home orders and mask wearing were prioritized
Dovigi also stated that business in urban markets was more likely to be affected than those in more rural locales.
“When COVID hit, it was more of a regional dynamic based on how hard-hit the regions were and how drastic the shutdowns were, so I don’t think the [bottom fell out] industry-wide,” Dovigi said. “In urban markets, there was much more of a shift towards residential volumes versus commercial volumes.”
"When COVID hit, it was more of a regional dynamic based on how hard-hit the regions were and how drastic the shutdowns were, so I don’t think the [bottom fell out] industry-wide,” –Pat Dovigi, founder and CEO, GFL Environmental
Dovigi said that the first two months of the pandemic brought about increases in urban market volumes of 10 to 15 percent on the residential side and decreased commercial volumes between 20 and 30 percent. In rural and secondary markets, business was still negatively affected, but the blowback was not as drastic due to more lenient stay-at-home orders and less population density.
As of early Q4, Dovigi said that volumes have normalized a bit, and are up only 2 to 5 percent year over year on the residential side and down between 5 and 10 percent on average on the commercial side because of lingering impacts on restaurants, sporting venues and other businesses.
Dovigi noted that he expects a “rebalancing of the volumes” to occur toward summer 2021 as people return to more of a normal routine with work and commercial spending.
Cappadona followed up on Dovigi’s comments to say that Veolia’s operations fared differently at the onset of the pandemic not only based on location, but also between different lines of business.
“As companies moved to a work-from-home [blueprint], we immediately saw an uptick in business and people prepared for vacating their facilities,” he said. “In the April and May timeframe, we were dealing with decontamination work that we were doing for some of our core customers and preparing these customers so they could go back to a work from the office scenario, and we were also dealing with some geographic issues.
“We saw a major impact in the New York/Tri-State area, while at that time, other parts of the country were continuing to operate as they always had. And now we’ve seen a shift of that as we’ve gone through the summer and into the fall. At the end of the day, our business mix changed dramatically over time, but we remained busy throughout. But the type of work we were doing and the type of customer we were serving may have shifted a bit over time.”
Cappadona noted that Veolia works for a number of companies and universities involved in pharmaceutical research, which is one segment that has been working around the clock and has required a pickup in service intervals. Conversely, the company’s municipal accounts were hit hard and its general manufacturing market customer volumes have been inconsistent.
“How does that wind up impacting the different businesses we’re associated with? The markets we can predict that are going to be up include pharmaceuticals, biotech, research—we’ll continue to see activity there,” he said. “Some of the other business segments are going to be a little bit more unpredictable such as in general manufacturing. Oil and gas has been relegated to a new norm with the stabilization of the price of oil to this point, but heading into the winter, our focus is going to be being nimble enough to adjust to the market.”
He says that the ability of Veolia’s workers to adjust on the fly to meet the needs of its customers has been pivotal in the company’s performance during the last half year.
“They were scared to death of getting sick and scared to death of losing their jobs, and we worked to make sure they were comfortable [on both those accounts] immediately to ensure the sustainability of what we do every day,” he said. “And our group responded outstandingly to the challenge to put us in a good position to take advantage of the opportunities ahead that we have.”
Stanton said that Harsco was forced to shift gears coming into the year as it went from riding a wave of healthy business to having to suddenly face upheaval among its customer base.
“It feels like it was 10 years ago, but Q1 was a very robust quarter, and if you focus on retail, commercial and healthcare, it might have even been record-setting in terms of performance, but it was certainly one of our peak quarters in the history of our businesses,” he said. “Then we hit Q2 and experienced those massive shutdowns. But doing some more prognostication, I think some of the top retailers you saw in 2019 versus where they are going to be in 2021, you’re going to see some massive shifts, and the big one is going to be from big box to online retailers.”
He said that the shift to e-commerce in the retail space may have accelerated trends by 5 to 10 years, as this sector grew 20 percent in a quarter’s time.
“The adoption rate went through the roof [with e-commerce], and it’s never going back to what it was,” he said. “It might become adjusted [downward when COVID slows], but it is never going back to where it was. So, we do see and are projecting a shift away from just having the box retailers to [there being a bigger focus on] distribution and logistics management of retail materials, which will be a growing business for us.”
Stanton said that the gap between the Amazons of the world and the brick-and-mortar retail customers is going to widen, while bankruptcies and shutdowns might become more commonplace for retailers.
Overall, Stanton noted that although businesses slowly started to come back in Q3, the company’s volumes have been hit-or-miss depending on location, with some markets seeing booming activity while others struggle to build back to normal. He added that Harsco is working to bridge communication gaps with its customers to provide better service that aligns with changing needs.
“I think this is going to be a really long road back, and we’re going to have to stay close to our customers, talk and communicate with them a lot, make sure we’re meeting their needs and understand where they’re going so these adjustments that are going to happen are things we are prepared for,” he said.
Photo Courtesy of Tanzi Propst, The Park Record.
M&A appetites
M&A activity in the waste and environmental services markets continued at a torrid pace going into the year. When COVID hit, it caused many companies to slow, but not halt, their appetites for activity.
“On March 13, we hit a very quick pause and had to consider what the impact was going to be to the market. At the time, I thought [the fallout of the pandemic would be [measured in] weeks, and it’s been months,” Cappadona said. “I think a year, a year and a half [is when we’ll be completely back to normal], but I do see Veolia’s trajectory the same. Where we were pre-COVID hasn’t changed in terms of our investment in North America. We continue to develop our assets and look at opportunities that fit well in terms of technology, in terms of geography, for Veolia going forward. You’ll see us do things before the end of the year. You’ll see us be focused going into 2021, and we have a positive outlook here in North America.”
Cappadona said that the company is keeping on its trajectory of measured M&A and is assessing opportunities as they come about. Although the economic downturn has caused potential complications in terms of pulling deals through for some, he notes that it may help fast-track deals in the future for business owners looking to sell.
“Maybe there have been some opportunities that have been created because of a result of the stress that some companies have been under over the last few months that may create [openings where we’d be able to do a deal now] that maybe we wouldn’t have otherwise,” he said.
Stanton said that Harsco anticipates completing some smaller tuck-in acquisitions related to its recent ESOL and Clean Earth deals, but there are also bigger moves that may be in store for the company to help it transition into a “single-thesis environmental services company.”
“More ambitiously as you’ll hear from Harsco, there are still strategic opportunities to make bigger moves in the environmental services direction,” he said. “Those are going to be big moves, carefully contemplated and timed with our strategic desires, and somewhat, market cooperation.”
Dovigi said that going into 2021, GFL will be primarily focused on integrating assets from its WCA acquisition and those divestiture assets from the Waste Management/Advanced Disposal deal, but that the company’s ample experience with asset integration will position it to be aggressive in short order if the right deal were to come along.
“The first three to four months are going to be solely focused on executing on the integration plan that we have [for the Waste Management/Advanced Disposal divestiture and WCA deals], but assuming that goes the way we think it will, … we’ll get back to our regularly scheduled programming [in terms of looking at M&A] like we have over the last 13 to 14 years,” he said.
Panelists in another Corporate Growth Conference session titled “The State of Mergers & Acquisitions” shared similar sentiments regarding slowed activity during Q2, but noted that there appears to be ample opportunity for those looking to buy or sell a waste business as 2020 comes to a close.
Charles Appleby, founder of Advanced Disposal Services, said that now is the right time for those looking to make a deal.
“We believe that [the impacts of] COVID-19 will be short-lived—maybe longer than we expected it to be, but I think it would be a mistake to take your foot off the accelerator if that’s what you’re doing because I think now is a good time to be looking at the right opportunities and to take advantage of them,” he said.
Joe Cassin, vice president of business development at Waste Management, said that although there have been some slowdowns to activity, Waste Management is moving forward and looking at what deals the company might be able to capitalize on.
“I think the time is right to continue the [M&A] momentum going forward,” Cassin said. “I will say regarding deal flow, it’s not as robust as it was last year in 2019, but we’ve closed half a dozen transactions this year and have several more lined up that will close before the end of the year, and I’m sure several new ones that will go into the first quarter of 2021.”
Photo courtesy of Veolia
Economic outlooks
Business dealings don’t happen in a vacuum, which is why forecasting the economic conditions of 2021 is critical for understanding what may await the waste industry.
Jeff Korzenik, economist at Fifth Third, gave his thoughts on future trends in a Corporate Growth Conference session tilted “Economic Outlook: 2021 and Beyond.”
As part of his forecast, Korzenik said that the business mix in the U.S. will change based on how various industries have been affected.
“We see the post-pandemic economy being [highlighted by] not so much new trends, but by trends that have become supercharged by the disruptions of the pandemic,” he said. “And those disruptions are in policy, industry, geographies, even employer/employee relationships, and then we think there is another trend that is going to accelerate in the wake of the pandemic, and that’s the opportunity to bring more manufacturing jobs back to the United States.”
Although the business landscape may shift to accommodate new trends, Korzenik said he is optimistic that there won’t be a pandemic-fueled hangover that will cast a shadow over the economy as we move through the coming year.
“I think it’s critical to understand that the recession that we’ve been through [due to COVID]—and we’re probably out of it—is unlike most recessions we’ve had in our lifetimes. … Unlike in 2008-09, we’ve gone into this [recession] with no economic imbalances,” he said. “Historically, you go into recessions when there are imbalances. In the case of 2008-09, we had too much housing inventory. We had too much leverage in the financial system. It takes a long time to wring those excesses out and to repair the damage. This time around, we had a healthcare-inspired shutdown of the economy, but we didn’t have those imbalances, and that bodes well for the opportunity to rebound quickly.”
The recent upturn in COVID cases, a new presidential administration and the promise of new vaccines are just a few of the variables that will be sure to play an outsized role in determining how the waste industry fares as we trend into a new year. As we punctuate what happened in waste in 2020, the prevailing sentiment from many seems to be that the waste industry isn’t where it was, yet, but it could have been a whole lot worse.
This article appeared in the Nov. Dec. issue of Waste Today magazine. The author is the editor of Waste Today magazine and can be reached at aredling@gie.net.
North America’s largest waste haulers stretch from coast to coast, generating tens of billions of dollars in revenue and employing hundreds of thousands of employees. View More