USING LEGISLATION TO REDUCE ONE‐TIME PLASTIC BAG USAGE

Plastic bag litter generates serious environmental concerns and poses a risk to wildlife. As this does not seem to be a problem which can be resolved by the private sector alone, or by ‘Coasean’ negotiation, legislation is proposed, particularly focusing on ‘one‐use’ bags. This article surveys legislation worldwide, while concentrating on lessons from the United States and the United Kingdom. The issues are more complex than is often assumed. While environmentalists argue for restriction and ultimate elimination of one‐use bags, manufacturers, especially those that have reformulated the composition of their bags, see legislation as an overreaction to a problem that is already being addressed within the industry. They cite evidence that, when used within a comprehensive recycling programme, plastic bags are not only cost‐effective but a sound use of our limited resources. Bans or restrictions can have knock‐on effects which can create new problems.