During Stephen Colbert’s interview with state Rep. James Talarico (D) — which was released on YouTube after CBS, according to Colbert, would not allow The Late Show to air it live over concerns the Trump administration’s Federal Communication Commission might come after the show — Talarico made it clear why he thought the Trump administration was targeting him and his campaign.
Continue reading “Trump’s Revealing New Take On Texas”Let’s Face Facts: This Isn’t Going Well (Iran War Edition)
It’s the perhaps tired refrain of foreign policy and defense professionals that wars are easy to start (if you’re still, mostly, the preeminent global military power) but much harder to finish. They are unpredictable. They quickly spread in directions you don’t anticipate. As the still preeminent global military power, you tend to be on the line for other sorts of instability that your war of choice creates. And yet Donald Trump has mainly been able to engage in what we might call impulsive unilateralism without generating too many problems for himself in the short run. He decapitated the Venezuelan regime through what amounted to a dramatic raid and is now, improbably, running the country as a kind of American presidential subsidiary through the mechanisms of the Chavista regime itself. He assassinated Qasem Soleimani in 2020. He launched a massive but brief bombing raid against Iranian nuclear facilities last year. In each case the U.S. was mostly able to end things quickly and on its own terms.
Continue reading “Let’s Face Facts: This Isn’t Going Well (Iran War Edition)”Pseudoscientific Push to Frame Abortion as a ‘Water Quality’ Issue Rears Its Head in Iowa
About an hour into the Republican gubernatorial debate in Iowa earlier this year, Adam Steen, who is one of the leading candidates in the primary, made an eye-popping claim.
“We need to decimate the chemical abortions,” Steen said. “You talk about water quality, what’s happening in our water because of that, those chemical abortions that are coming through there.”
The comment received relatively little notice apart from a few mentions on social media. However, Steen’s claim was notable both as an indication of how far to the right the GOP gubernatorial hopefuls are running in a state that already bans most abortions after six weeks and because it is part of a national push from anti-abortion groups to make speculative and far fetched environmental concerns a core part of their messaging. The effort to frame abortion medication as a threat to the water supply is one such claim, and lacks any concrete scientific basis.
Steen, the state’s former director of the Department of Administrative Services, is one of the leading candidates in a crowded Republican primary field after winning a series of grassroots straw polls. His comments about “chemical abortions” and “water quality” came during a Jan. 27 debate hosted by the right-wing group Moms For Liberty. The candidates were responding to the question, “when does life begin?”
After declaring “life begins at conception” and calling that point “the most important issue of this entire gubernatorial race,” Steen launched into his remarks connecting water safety, which is an especially pertinent issue in Iowa, with the right-wing cause of limiting access to abortion.
TPM reached out to Steen’s campaign this week to ask what he was referring to when he claimed “chemical abortions” were a “water quality” issue. A spokesperson said Steen was “referencing” a white paper titled “Abortion In Our Water” that was produced by the group Liberty Counsel Action last year. The report claims “our waterways are being contaminated by chemical abortion drugs and human remains as American women — left alone at home to endure the agonizing process of expelling their pregnancy — are often instructed by abortion providers to dispose of their aborted child’s remains down the toilet.”
Liberty Counsel Action shares some leadership with Liberty Counsel, which has been labeled a hate group by the Southern Poverty Law Center. The group is a legal organization closely affiliated with the evangelical Liberty University. Liberty Counsel is heavily focused on advocating for anti-LGBTQ and anti-abortion policies.
“Abortion In Our Water” is part of a wave of claims and documentation that has been prepared by right-wing groups making an environmental case for restricting abortion rights. Anti-abortion activists have described the approach as “the next innovation” as they move toward targeting the abortion medication mifepristone, seeking to further restrict abortion following the Supreme Court’s 2022 decision dismantling Roe vs. Wade. This strategy has been supported by Republican state legislators and U.S. senators who have pressed the federal Environmental Protection Agency to take action on their concerns.
Mifepristone, which is often referred to as the “abortion pill,” is used to terminate pregnancies within the first nine weeks. It can also be used to help women who have had miscarriages pass pregnancy tissue.
While the “Abortion In Our Water” report is focused on mifepristone and human remains from pregnancies, it consistently cited general research and concerns about sewer blockages and all manner of pharmaceuticals in the water supply. It does not muster convincing evidence that this particular drug or terminated pregnancies pose a unique risk. And water quality experts do not subscribe to anti-abortion activists’ argument that mifepristone poses a special environmental threat.
Water quality is a serious issue in Iowa, said Prof. David Cwiertny, an engineer and wastewater expert who is the director of the University of Iowa’s Center for Health Effects of Environmental Contamination. However, unlike Steen, he did not attribute the problem to abortion.
“Our biggest issue is nitrate levels — which is a regulated contaminant — are high, and many communities are having to seek out other sources that are not contaminated by nitrate,” Cwiertny explained.
Iowa is a center for farming and meat processing. Agricultural runoff contains nitrates from manure and fertilizer. Nitrates have been linked to high rates of cancer in the state.
While Cwiertny said the water quality discussion should be broadened to encompass other chemicals like pesticides and fungicides as well as some widely used medicines, he does not see mifepristone as a high priority area of concern.
“There probably needs to be a larger discussion, but I would put mifepristone pretty far down that list. I would think about some of the other things we use in industry and agriculture,” he said, later adding, “If you’re going to make this case about this chemical, then you should be making it about a bunch of other chemicals that are probably more problematic due to their widespread use.”
The push from right-wing groups and Republican politicians to cast mifepristone as an environmental issue has provoked some action from the administration of President Donald Trump. However, the main step so far has consisted of the EPA saying it will try to identify methods that could find the drug in the water supply. That step is illustrative of the fact the supposed research from Liberty Counsel and other right-wing groups has not involved actually measuring the specific drug’s prevalence in the water supply, much less establishing it as especially dangerous.
Cwiertny noted that mifepristone is only used by “a subset of the population that’s a subset of the population.” As such, he questioned whether it would even be identifiable in water systems.
“I can see why this one gets attention because it’s got a very particular politically controversial use and it does have potent bioactivity. But I imagine, if you stack its use up compared to some of the other chemicals that we use for any other number of therapeutic applications or in animal agriculture, it may not reach the level of use that makes it likely to easily find it in the environment,” Cwiertny said.
Similarly, Cwiertny suggested Liberty Counsel’s concerns about human remains from terminated pregnancies in the water supply were overblown.
“In that report, they talk about 30 to 40 tons of hazardous medical waste — including human remains — being flushed into the water systems. 30 to 40 tons. I don’t know if that’s on an annual basis, I’m assuming it is, because they’re talking about the number of chemical abortions per year,” said Cwiertny. “For perspective, publicly owned treatment works generate over 13.8 million tons of dry weight sludge. So it’s a matter of scale. If we’re producing, you know, 14 million tons of solids from human waste after it’s been dewatered, focusing on 30 to 40 is — that’s, like, not even a drop in the bucket.”
In general, while Cwiertny said experts should be addressing issues of more widely used chemicals in the water supply, he also noted that modern treatment systems are robust. They can accommodate medicines and human waste from medical procedures.
“We put human waste down sewers. That is just what they’re there for, and they are designed to handle relatively large masses of human waste flushed down toilets daily,” Cwiertny said. “The system is designed that way. And we do have advanced treatment these days, and more and more water systems are turning to them to produce water coming out of wastewater that is as pure as you can find.”
The questionable efforts to use water quality to target reproductive health medicines are just one element of the strident anti-abortion politics that have been displayed by the Republican gubernatorial candidates in Iowa. This year’s election opened up last year after the state’s current governor, Kim Reynolds, announced she would not seek another term. Under Reynolds, the state adopted a six-week abortion ban, which is among the most restrictive anti-abortion laws in the country. Many of the Republicans running to replace her want to go even further.
Rep. Randy Feenstra (R-IA), who, prior to Steen’s recent grassroots surge, was widely seen as the frontrunner in the race, did not participate in the Moms For Liberty debate. However, Feenstra is among the candidates in the primary field who back a so-called “personhood” law that declares life begins at conception and would result in an even more restrictive, near-total abortion ban. In Congress, Feenstra has repeatedly cosponsored the Life At Conception Act, which aims to define “personhood” as beginning at conception and would confer constitutional rights on embryos immediately after fertilization. Democrats and reproductive rights advocates have pointed out “personhood” legislation could also outlaw certain necessary medical procedures and fertility treatments including in-vitro fertilization. On the national level, Trump has claimed he strongly supports IVF, despite the fact his party’s support for fetal personhood ideology has jeopardized the treatment.
In a statement to TPM, Steen reiterated his support for a “personhood” law while also expressing support for IVF.
“I believe life begins at conception. That’s not just a political position for me, it’s a moral conviction. Every child, from the very beginning, is worthy of protection, and as governor I will always fight to defend life from conception to natural death,” the statement from Steen read.
“At the same time, I have tremendous compassion for couples who are walking through the heartbreak of infertility. I support IVF and the families who have been blessed through that process. Wanting a child and praying for a child is a beautiful thing, and we should never dismiss that,” Steen continued.
Steen’s comments on “water quality” weren’t the only dramatic statement that came as the Iowa candidates sought to burnish their anti-abortion credentials at the Moms For Liberty debate. Entrepreneur Zach Lahn, who also supports a “personhood” law, answered the question about when life begins with a stunning claim that he had been “banned for life” from a fertility clinic.
“Life is one of those things that you can’t fudge on. I don’t tell the story often and I’ll be very brief about it, but my wife and I went through a process and we were at a fertility clinic,” Lahn said. “We are now banned for life from that clinic because we refused to discard the embryos. And the ones we refused turned into our youngest son, Fritz. So that’s how far you have to go with this.”
Fertility clinics typically offer couples the option to preserve viable embryos so the potential parents can later choose whether to implant them. TPM reached out to Lahn and his campaign to clarify what happened and how he was banned. He did not respond or offer any explanation.
Update (March 30): While Liberty Counsel Action did not initially respond to a request for comment, spokesperson John Stemberger reached out to TPM following publication of this story and referred us to a document prepared by the group that addressed criticism of the “Abortion In Our Water” report. The document insisted it was based on “irrefutable data” and suggested the criticism was an effort to “whitewash the reality that aborted babies, related medical waste, and active abortion pill contaminants are daily being flushed into our water systems.”
How a State Domestic Terrorism Law Has Boosted the White House’s Texas ‘Antifa’ Crackdown
This article is part of TPM’s ongoing “Creating the Enemy Within” project, tracking the Trump administration’s efforts to crack down on dissent.
As the Trump administration brings anti-Trump activists up on terrorism charges, it’s finding that one state has already cleared a path.
Continue reading “How a State Domestic Terrorism Law Has Boosted the White House’s Texas ‘Antifa’ Crackdown”Please Take Three Minutes to Read This Post
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Continue reading “Please Take Three Minutes to Read This Post”A Humiliating Reversal for the Sad-Sack Trump DOJ
More Proof the White House Runs DOJ
One day after it asked the D.C. Circuit Court of Appeals to allow it to voluntarily withdraw its appeal of its losses in the law firm executive order cases, the Trump DOJ reversed course in humiliating fashion. In an extraordinary glimpse into who really runs the Justice Department, its No. 3 official asked the appeals court to let him withdraw his request to withdraw the appeal.
The level of mismanagement, poor communication, bad faith, and ineptitude involved in something like this happening is staggering and hard to even begin to explain.
As a threshold matter, this never happens. Decisions like this were, in the past, made at the highest levels of the Justice Department, including the attorney general, the solicitor general, and multiple other senior leaders, in close consultation with the White House Counsel’s Office. Once made, after a thorough and well-trod process, and then presented to a court, decisions were not willy nilly reversed.
The sheer disorder and chaos that runs through the Trump administration — subject as it is to the whims of one man — makes it nearly impossible to reconstruct what happened in this instance based on past practice, formal hierarchies, and the players involved. It is truly a shitshow. So much so, that those involved, all the way up to and including the Oval Office, care not whether they befool themselves in public and further damage their standing with an increasingly incredulous judicial branch.
The Trump administration went 0-4 in the law firm cases. It’s going to lose on appeal, too. For a brief moment, some sense prevailed somewhere in the Justice Department — probably the Solicitor General’s Office, but not necessarily only there — and the decision was made to cut the administration’s losses. But it was clear that some tensions already existed because that decision either wasn’t made or those involved were unable to persuade their higher-ups of its validity in time not to appeal in the first place.
The filing yesterday was bare bones and offered nothing in the way of a real explanation for what went down behind the scenes. It was over the signature of Stan Woodward, Jr., a former Jan. 6 defense lawyer and now the DOJ’s No. 3 official. He’s been put in numerous untenable situations before, including as recently as last week, when he appeared in person to defend against Abrego Garcia’s vindictive prosecution claim. Yet he soldiers on, inexplicably.
This reversal here is so unusual that it’s difficult to find perfectly comparable incidents in the DOJ’s history. But it’s of the caliber of unprofessionalism, political interference, and personal embarrassment that you’d expect to lead to multiple resignations rather than be involved with such nonsense. So far, crickets.
Liberty Law School’s Career Advice
From Above the Law:
An email sent to Liberty University School of Law students over the weekend lays out, in refreshingly unvarnished terms, what the administration’s hiring pipeline actually looks like. And it’s exactly as bad as everyone suspected:
“The two most important requirements are you MUST be aligned politically with President Trump and his administration and you must be willing to work hard. Don’t be scared off by the transcript requirement. GPA is not a strong factor. If you meet those two requirements, you have a shot.”
Election 2026: All Eyes On Texas
TX-Sen: Sen. John Cornyn (R) wound up in a runoff for the GOP nomination against state Attorney General Ken Paxton (R), as expected, but Cornyn did manage to pull a plurality of votes. In the Democratic primary, despite a hard-fought race, state Rep. James Talarico (D) won comfortably over Rep. Jasmine Crockett (D).
TX-23: Rep. Tony Gonzales (R-TX), who allegedly had an affair with a former staffer who took her own life, has been forced into a runoff against YouTuber and pro-gun influencer Brandon Herrera.
TX-02: Rep. Dan Crenshaw (R), a right-winger who nevertheless took issue with the Jan. 6 attack and didn’t vote to overturn the 2020 election, was swept out of office by state Rep. Steve Toth (R), a megachurch pastor. Crenshaw was the first House incumbent to lose in a primary this cycle.
Not Going According to Plan In Iran
By President Trump’s own admission, Iran regime replacement is not going according to the original overly optimistic plan:
What Could Possibly Go Wrong?
The CIA is working to arm Kurdish forces in Iraq with the aim of fomenting a popular uprising in Iran, CNN reports.
Latest from the Middle East …
- A U.S. submarine sank an Iranian Navy destroyer in international waters off Sri Lanka, Defense Secretary Pete Hegseth confirmed. The attack came as the head of U.S. Central Command warned that U.S. forces are sinking the “entire” Iranian Navy and had already destroyed 17 vessels. Sri Lanka authorities rescued 32 sailors, all of them reported to be in critical condition. The Iris Dena sailed with a crew of 180. A search continues for additional survivors. (On quick inspection, this appears to be the first time a U.S. submarine has sunk an enemy ship since the USS Torsk torpedoed a Japanese vessel on Aug. 14, 1945, the day before Emperor Hirohito announced Japan’s surrender in World War II.)
- In a possible widening of the conflict in the region, NATO forces in the eastern Mediterranean shot down an Iranian ballistic missile that had crossed Iraqi and Syrian air space apparently en route to Turkey, though there was no immediate confirmation that the NATO country was the target.
- A container ship was abandoned off the coast of Oman in the Strait of Hormuz after being set ablaze by an unknown projectile just above the waterline. All crew were accounted for. No one claimed immediate responsibility for the attack, but Iran has threatened international shipping in the strait in retaliation for the U.S.-Israeli air strikes.
For Your Radar …
A Russian-flagged LNG tanker exploded and sank in the Mediterranean off the coast of Libya. The cause of the explosion is not yet publicly known. All 30 crew members were rescued.
Meanwhile, in the Western Hemisphere …
President Trump has repeatedly promised that the U.S. campaign against alleged drug-smuggling boats on the high seas would expand to include land-based attacks, and it appears Ecuador is the first place the U.S. is carrying out such strikes.
U.S. Special Forces are advising and supporting Ecuadorean commandos in raids against traffickers, who the Trump administration has rebranded as terrorists, the NYT reports. The extent of the U.S. involvement remains murky. “Believed” is doing a lot of work here: “The Americans are not believed to be participating in the actual raids, but are helping the Ecuadorean troops plan their operations, and are providing intelligence and logistics support, the official said.”
Quote of the Day
In a new ruling, U.S. District Judge Gary R. Brown of the Eastern District of New York ripped ICE’s conduct in detaining a man — who was lawfully admitted to the United States under a special program for abused minors and then later graduated from college and was legally working in theatrical lighting design — “simply because he looked like someone else for whom the agents were purportedly searching”:
Unquestionably, the laws of human decency condemn such villainy. Equally, the laws of this nation, including the Constitution, statutory law and regulations, proscribe the illegal arrest and detention of the petitioner as well as the retaliatory termination, without notice, of the privileges associated with his SIJ status. While the Executive Branch retains the right – as it has done – to set policy regarding immigration matters, it is forbidden from trampling our system of laws – a system which has safeguarded this nation for close to 250 years.
Mass Deportation Watch
- Minnesota U.S. Attorney Daniel Rosen and one of his top deputies were forced to take the witness stand during an eight-hour hearing Tuesday as U.S. District Judge Jeffrey Bryan of St. Paul considers finding them in contempt of court for violating court orders related to the return of personal property of immigrant detainees who won their releases after filing habeas claims. Several of the dozens of cases in dispute were reportedly resolved over the course of the day in court. Bryan did not immediately rule on whether to hold anyone in contempt.
- Close to 650 federal agents remain in Minnesota, DHS Secretary Kristi Noem told a Senate hearing, which conflicts with numerous Trump administration claims of a substantial drawdown in the number of immigration enforcement agents since the announced end of Operation Metro Surge.
- At least 14 active measles cases have been reported at Camp East Montana, the tent encampment on the Fort Bliss U.S. Army base near El Paso.
Bovino Under Internal Investigation
CBP commander Gregory Bovino is under internal DHS investigation for disparaging remarks he reportedly made on a phone call with federal prosecutors about the Jewish faith of Minnesota U.S. Attorney Daniel Rosen.
The investigation, which is being conducted by the Office of Professional Responsibility for CBP, came to light when one of its investigators contacted the NYT for help in contacting the sources for its story on the phone call in question.
The Corruption: DHS Edition
DHS under Kristi Noem has “systematically obstructed” the department’s inspector general, he wrote in a letter to Congress on Monday and obtained by the WSJ. Joseph Cuffari, who was appointed as IG in Trump I, cited 11 instances in which he was blocked from accessing records and information, including a “particularly egregious” case in which he continues to be denied access to a DHS database as part of a criminal investigation with national security implications.
Polis Poised to Grant Tina Peters Clemency
Under pressure and threats from President Trump, Colorado Gov. Jared Polis (D) continues to signal that he will grant some form of clemency to convicted election denier Tina Peters:
A Rare Spot of Good News
A federal judge has blocked the Trump administration’s effort to kill NYC’s wildly successful first-in-the-country congestion pricing program in Manhattan.
Hot tips? Juicy scuttlebutt? Keen insights? Let me know. For sensitive information, use the encrypted methods here.
War With Iran? A Blood Moon on Purim? For Some Christian Influencers, That Can Mean Only One Thing: The End Times
On Sunday, two days after President Donald Trump ordered the start of “Operation Epic Fury” against Iran, John Hagee, the 85-year-old televangelist and founder of Christians United for Israel (CUFI), delivered a sermon at his Cornerstone Church in San Antonio, Texas. Standing in front of a banner that read “God’s Coming… Operation Epic Fury,” Hagee thanked Trump, “whose wisdom and courage has crushed the enemies of Zion.” He then quickly pivoted to a familiar refrain for anyone who — like me — has followed Hagee’s career since he founded CUFI in 2006: that the American and Israeli attack on Iran will trigger a series of biblically prophesied events, including the invasion of Israel by a Russian-led army, and Jesus’s eventual defeat of the Antichrist at the Battle of Armageddon.
For decades, Hagee has argued that he loves and supports the Jewish people and the state of Israel; that it is a biblical imperative that America support Israel, including going to war on its behalf; and that Israel will be the site of the ultimate showdown between good and evil, at which Jews will burn or convert, and after which Jesus will rule the world for one thousand years from a throne on the Temple Mount.
Hagee also has spent decades arguing that Iran is central to this sequence of events, leaning heavily on the story of the Jewish holiday of Purim, celebrated this week. The holiday commemorates the biblical story of the heroism of Queen Esther, the secretly Jewish wife of the Persian king, who saves the Jews from an extermination plot by the villainous court official Haman. For Hagee, the Purim story is not a lesson about the evils of religious hatred and genocidal ambitions; it is a biblical guide for attacking modern-day Iran (Persia) to save Israel from the wicked designs of its leaders. For Hagee, who has long been close to Republican officials and lawmakers, real-life occurrences are relevant primarily as harbingers of biblically prophesied events or signs from God about his divine intentions.
President Barack Obama’s negotiation of the Joint Comprehensive Plan of Action (JCPOA), or Iran nuclear deal, triggered Hagee, a leading opponent of the deal, to add some new twists to his prophetic claims. In 2014, Hagee published a book, and made an accompanying documentary, about the “four blood moons,” or a tetrad of lunar eclipses of a full moon that occurred on Passover and Sukkot in 2014 and 2015. The coinciding of a full moon on Jewish holidays is commonplace, since the Jewish calendar is a lunar one. But for Hagee, “God is using the sun, moon, and stars to send signals to mankind,” and the blood moon is a sign from God that something significant is going to happen regarding Israel. While blood moons, or lunar eclipses, are fairly regular, such a tetrad on Jewish holidays had only previously occurred around the Spanish Inquisition, the founding of the modern state of Israel, and the 1967 Six-Day War, things that Hagee naturally saw as prophetically significant — for Jews and for Israel.
Muslims, on the other hand, are at worst an existential enemy and at best collateral damage. Reviewing the Four Blood Moons documentary, the religion writer Michael Shulson observed, “Throughout the film, it’s Muslims — swarthy, disorganized, kaffiyeh-clad troops — who antagonize the Jews in most dramatic reenactments. And it’s Muslims — ISIS, and especially Iran — whom the film’s experts suggest will be the wicked actors in this next blood moon drama. A brief section citing the shared Abrahamic heritage of Jews and Christians entirely omits Islam, the third Abrahamic faith.”
Hagee’s blood moon prophecies have become enormously popular in evangelical circles. The Christian Broadcasting Network cited them this week in its coverage of the war. An “analysis” the network published on its website acknowledged that the blood moons might be a coincidence, but that “doesn’t mean there also wasn’t an intentional message that was pre-ordained from the time God set the sun, moon, and planets in motion in Genesis 1.” The blood moons, along with the war, could be a sign of the end-times.
Hagee may be the godfather of Iran-related prophecies, but prophets echoing them have become commonplace. Charisma magazine, a leading source for charismatic and Pentecostal Christians whose publisher has written several hagiographic books about Trump, this week featured “prophetic voice Joseph Z.,” who posted “a powerful new livestream” about the convergence of Operation Epic Fury, Purim, and the lunar eclipse. Joseph Z. claimed “it’s likely we’re going to see revival in Iran” — meaning a Christian revival — and “if you don’t understand that we’re living in biblical prophecy right now, you need to really begin to open your Bible.” Another prophet, Amanda Grace, also was featured on the magazine’s website for a broadcast in which she maintained that the death of Ayatollah Ali Khamenei, along with other Iranian government officials, mirrored the death of Haman in the book of Esther. “Hidden within Ayatollah Ali Khamenei is Haman,” she added as supposedly potent evidence of the biblical importance of these events.
Christian Zionists frequently cite Trump’s withdrawal from the Iran nuclear deal, along with his move of the U.S. Embassy in Israel from Tel Aviv to Jerusalem and the assassination of Iranian Maj. Gen. Qassem Soleimani, as major first term accomplishments. Now they have the war they’ve long been advocating, the war they’ve long claimed will set off the end-times and the return of Jesus. When it doesn’t, and just leaves senseless death, destruction, and bloodshed, there will likely be a new prophecy that keeps the prophetic industry in business, and sanctifies Trump of responsibility for any of it.
Inside Plastic Executives’ Late-20th-Century Campaign to Blame Consumers for Their Industry’s Waste
This TPM Cafe article is an excerpt from PLASTIC INC.: The Secret History and Shocking Future of Big Oil’s Biggest Bet by Beth Gardiner.
In 1969, Republican Congressman Paul McCloskey warned executives gathered at a packaging conference that they had to do something about the waste they were creating — “not dispose of it, but reduce the actual amount.” Rising public concern about the environment “should not be underestimated,” and could, before long, prompt “sweeping changes in our laws,” he warned. Soon, Congress would probably consider requiring a five‑cent deposit on bottles, he said. While McCloskey acknowledged politicians’ consideration of tougher action was driven by public opinion, he nonetheless feared that as “the pendulum swings to the protection of the environment,” there was a danger “the swing can be too far.”
He needn’t have worried. In the years to come, companies would go to extraordinary lengths to protect the lucrative model for cheap, disposable plastic packaging they’d created, even as the mountains of trash it churned out grew ever larger.
Congressman McCloskey had been right about the country’s mood though.

The packaging waste conference coincided with a growing awareness of consumerism’s dark side that crystallized with the first Earth Day, in April 1970. In Atlanta, where an underground newspaper urged readers to “bring the trash home to the people who make it,” 1,500 protesters showed up at Coke’s head office with bags — and a pickup truck — full of empty cans and bottles. Even President Richard Nixon got on the bandwagon, decrying the shift toward disposable packaging. “We often discard today what a generation ago we saved,” he said, noting that “pouring more and more public money into collection and disposal of whatever happens to be privately produced and discarded” amounted “to a public subsidy of waste.”
Plastic executives feared the upswell of antagonism might “really end the industry,” the editor of the journal Modern Plastics later recalled. But they were ready to fight. In 1954, after Vermont prohibited disposable beer cans — farmers blamed them for damaging equipment and injuring cows when they were tossed into fields — nearly two dozen beverage, cigarette, candy, and packaging companies had formed an alliance they called Keep America Beautiful. In billboards and print ads, the group framed the country’s waste issues as a matter of littering, the result not of excessive production, but rather the bad habits of irresponsible individuals. Keep America Beautiful printed handbooks to teach schoolchildren “good outdoor manners,” distributed “how‑to‑do‑it” litter‑reduction kits, and instructed drivers to keep trash bags in their cars instead of tossing empties out windows. Under pressure from brewers and can makers, Vermont let its ban expire in 1957. But the organization whose creation it had prompted was just getting started.
No matter the medium, Keep America Beautiful’s message was clear. The problem wasn’t the overwhelming amounts of waste the shift to throwaway packaging was generating, but merely that a fraction of it was ending up in the wrong place. In other words, the mess wasn’t the fault of companies reaping huge profits from disposability, but of Americans themselves. And responsibility for fixing it was on them too. “Keeping America clean and beautiful is your job,” one ad lectured. Another accused readers of hiding behind the “alibi” that “average people don’t pollute. It’s the corporations,” and — with impressive nerve — exhorted them to “stop shifting the blame.” That very American message of individual responsibility — and its failure to acknowledge larger economic and political forces — was not unique to the issue of waste. Indeed, one packaging executive’s assertion that “packages don’t litter, people do,” carried eerie echoes of gun rights proponents’ claim that “guns don’t kill people, people kill people.”
Companies hammered home the idea in their own ads. One Coke campaign, “Bend a Little,” featured an attractive woman bending over to pick up litter, “to remind people that cleaning up America called for a little extra effort from all of us.” Another favorite theme was that consumers, not drink makers, had driven the shift toward disposability. The public “demands a choice of containers in many products, including soft drinks,” Coke explained in one ad, as if it were a helpless actor in the change it had pioneered. “We have to go along.” Not only were individuals responsible for littering; the entire system of throwaway containers was their fault too.
By 1967, with public concerns about waste nonetheless mounting, Keep America Beautiful decided to take things up a notch. “Our ‘soft sell,’” executives at one planning meeting concluded, should be toughened to slam litterers as “slobs.” Before long, a new TV commercial showed pigs trotting down a rubbish‑strewn street, then nosing through garbage on a beach, as a sanctimonious voice‑over said, “Spreading and living in litter is for … Well, certainly not for people.”
With Earth Day 1970 bringing the threat to yet another level, companies had to up their game again. Keep America Beautiful’s ad team got to work on a spot that would become part of TV history. In “The Crying Indian,” which debuted in 1971, a man with a craggy face, tasseled buckskin jacket, and long braids paddles a canoe to a riverbank covered with trash, then walks to the side of a highway. When a bagful of garbage thrown from a passing car lands at his feet, he looks into the camera with a tear on his cheek. “Some people have a deep, abiding respect for the natural beauty that was once this country,” a narrator intones over dramatic music. “And some people don’t. People start pollution. People can stop it.”
Producers realized its power immediately, “Iron Eyes” Cody, the actor who portrayed the Crying Indian — he was actually Italian American — later wrote. “People who had been working on the project were moved to tears just reviewing the edited version,” he recalled. It was “an iconic moment” that “was like nothing else on television,” one media scholar concurred. Audiences agreed. The ad achieved one of the highest viewer recognition rates in history, airing so often that within a few years, broadcasters were ordering replacement films because they’d “literally worn out the originals from the constant showings.” It was showered with awards and, even more telling of its place in popular culture, was later spoofed on The Simpsons and referenced on Friends. Cody’s face appeared on billboards and in print too, and new iterations of the commercial ran throughout the ’70s. In an extraordinary twist for a character cooked up by polluting industries, “the Crying Indian became for millions of Americans the quintessential symbol of environmentalism,” author Finis Dunaway wrote in his book Seeing Green.
Much of the campaign’s power came from viewers’ perception of Keep America Beautiful as an impartial civic organization. Its corporate sponsors — they included Coke, Pepsi, Philip Morris tobacco, and the American Can Company — didn’t trumpet their involvement, and few knew of it. The ad’s genius, Dunaway observed, was that it “promoted an ideology without seeming ideological; it sought to counter the claims of a political movement without itself seeming political.” And with “the guilt‑inducing tear,” it managed to “propagandize without seeming propagandistic.” The ad deftly weaponized stereotypes of Native Americans’ connection to the land — and their sorrow — to intensify its punch and lend a counterculture feel. Industry had “co‑opted the icon of resistance and made him support the interests of the very consumer culture he appeared to protest,” journalist Ginger Strand noted. “There he stood, stoic and sad, a rebuke to individuals rather than a rejection of the ideology of waste.” Just as important, the spot neatly shrank disposability’s harms down to litter alone. If consumers would simply dispose of throwaway containers properly, it suggested, everything would be fine.
“The Crying Indian” had helped muddy public understanding of what was causing the waste deluge, what might fix it — and even what the problem was. That intentional sowing of confusion made it a defining prototype for the burgeoning genre of greenwash, the deceptive set of marketing tactics aimed at imbuing products with an aura of environmental friendliness. And it perfectly prefigured the concept of the “carbon footprint,” an industry‑propagated framing that focuses us on our own contribution to climate change, and consequent feelings of guilt, while ignoring the ways corporate and political leaders’ decisions have constrained our choices.
The goal was clear. If a group like Keep America Beautiful could persuade Americans to swallow its message, author Heather Rogers explained in Gone Tomorrow: The Hidden Life of Garbage, it would mean “laws will not be enacted, government won’t intervene, and production can continue on industry’s terms.” She pointed out that “the way Americans waste today is not just a normal result of organic human development.” Vast and tremendously profitable corporations had set out to create the throwaway world we live in. Now they were blaming us for its consequences.
Like disposability itself, the personal‑responsibility framing would soon be exported, as industry plowed money into anti‑litter groups such as Keep Australia Beautiful, Keep Britain Tidy (whose first chairman ran an oil company), Gestes Propres (Clean Gestures) in France, and Paisaje Limpio (Clean Landscape) in Spain. The UK got its own heartstring-tugging TV spot, in which a stirring rendition of Britons’ much‑loved hymn “Jerusalem” — whose lyrics imagine Christ visiting their “green and pleasant land” — plays over images of a road heaped with rubbish. “Britain is a beautiful country, not a litter bin,” a narrator scolds. A British Rail poster exhorting riders not to leave trash at stations featured the Swedish pop stars ABBA in yellow “Keep Britain Tidy” T‑shirts — sparkly bodysuits presumably left at home — holding brooms and cleaning gloves.
The early 1970s upswell of environmental worry was the first of what would become regular moments of crisis for the industries making and using throwaway packaging and goods. With Keep America Beautiful and “The Crying Indian,” companies had created an effective template for defusing and deflecting anger about waste — embracing and co‑opting environmental concerns, then directing blame back onto the public. They would turn to it again and again in the years to come.
While industry draped itself in green language, it was fighting furiously against measures that could actually solve the problem it purported to be so concerned about. In 1971, Yonkers, New York, like cities across America, was struggling to manage its growing tide of trash. Not only was garbage strewn around streets and parks (Keep America Beautiful wasn’t wrong about litter being a problem; it just wasn’t the only problem), but landfill space was getting more expensive. A student committee appointed by Mayor Alfred DelBello suggested a solution that had been bandied about repeatedly in state legislatures across the country — and in Congress too — but only rarely enacted. The panel’s proposal would require beverage companies to include a five‑cent deposit in the cost of bottled and canned drinks; customers could reclaim it when they returned containers for refill or recycling. Projections estimated it would cut the city’s trash hauling costs by a million dollars a year, and save Yonkers shoppers $2 million annually on drinks. DelBello, a Democrat, cosponsored the bill with the city council’s top Republican, and it looked to have a good shot at passage.
Then industry showed up. Suddenly, Yonkers, a city of two hundred thousand just north of the Bronx, found itself on the receiving end of intensive lobbying by soft drink, beer, and packaging interests. At a marathon city council hearing, Sidney Mudd, president of a big 7‑Up bottling company, said the soda was no longer available in returnable bottles in the New York area, and vowed he’d stop selling in Yonkers before spending what he estimated would be $21 million to retool his plants for returnables. If the plants had to close, five hundred jobs would go with them, he said. Representatives of Coke, Pepsi, the US Brewers Association, a state grocers’ alliance, and major can and bottle makers echoed his message. “The young people who spoke in favor of the bill were well prepared,” Councilman Peter Mancusi told The New York Times. “But they couldn’t put on a show like this. It was like a Broadway play.” A bill that had seemed like “a non‑controversial, beneficial, ecology‑minded thing” had become explosive, the mayor said. The politicians were spooked by industry’s predictions of a huge economic hit. In any case, one councilman said, “I learned that companies are understanding and facing the waste problem themselves.” And “who can solve problems better than private industry?” Some lawmakers swung behind the plan again later, after other bottlers told the students shifting to returnables wouldn’t kill jobs after all. But the bill never came back to the full council for a vote.
Similar stories played out across America. In Washington state, a container‑deposit ballot measure polled at 80 percent weeks before the vote, but lost 51–49 after industry poured $2 million into ads opposing it. Supporters, by one account, spent only $6,000. By 1972, more than 350 state and local bills mandating deposits or otherwise restricting throwaway beverage containers had been introduced, but only a couple of dozen had passed, in places from Davis, California, to Madison, Wisconsin, and Edgewater, New Jersey. Even many of those were ultimately repealed under pressure or reversed by courts following industry lawsuits. Among the first to be struck down was a two‑cent tax New York City slapped on plastic containers in 1971.
The deposit laws, known as “bottle bills,” were anathema to industry because they pushed the costs of dealing with used packaging — which disposability had so successfully off‑loaded to municipal governments — back onto companies. Thrilled to have freed themselves from the hassle and expense of handling empties, they were determined not to go back. One Keep America Beautiful executive slammed bottle‑bill advocates as “communists” and urged the group to resist such laws.
In 1971, Oregon became the first state to enact a bottle bill, and Vermont soon followed. Both measures survived court challenges, and a year after the Oregon law took effect, an analysis found roadside litter had decreased by 35 percent, nearly four hundred million fewer cans and bottles were used even as drink sales kept growing, and the energy savings were enough to heat fifty thousand homes. What’s more, the law was extremely popular — 91 percent of Oregonians approved.
But passing bottle bills proved tremendously difficult. The same day as the testy 1971 Yonkers hearing, state lawmakers across the Hudson River in New Jersey were considering a similar law. Americans, its Republican sponsor said, could save $1.5 billion a year on drink purchases if all beer and soda containers carried deposits. But his bill soon ran into trouble, with even some cosponsors rescinding support after bottle makers said it threatened thirty thousand jobs in the state’s glass industry. The claim was false. Given its reduced labor requirements, a state analyst explained, it was disposability — not a deposit‑and‑return system — that would be the job‑killer. It didn’t matter. The bill was dead.
Industry’s biggest worry was a national bottle bill. Congress took up the idea at least five times in the 1970s alone. One analysis found such a law would save the equivalent of five million gallons of gasoline a day. Another estimated it would reduce drink prices by nearly a third, and increase — not decrease — employment. Nearly three‑quarters of Americans approved of the idea, and in 1974, the Nixon administration backed it. In response, Pepsi’s president fired off a letter to the head of the Environmental Protection Agency: “Your position defies and denies the free will of the people expressed by their free choice of containers,” he sniped. In 1979, as the House considered yet another bill, an executive from one of Coke’s largest bottlers said the Oregon law had more than doubled his company’s fuel costs. “Left unsaid was the fact that municipal agencies had been paying the fuel costs of picking up the company’s waste,” business historian Bartow Elmore wrote in Citizen Coke: The Making of Coca-Cola Capitalism.
Bill after bill would be proposed in the years that followed, but a national container deposit law never came to be. By the mid‑1980s, ten states had enacted bottle bills. Since then, only Hawaii has done so, and with Delaware repealing its law, the total today still stands at ten. In Washington state, where the 1970 container deposit referendum lost narrowly, a 2024 headline carried more than a bit of déjà vu: “Bottle Deposit Proposal Fizzles Out in Legislature.”
Where bottle bills did make it into law, industry often sought to undermine their implementation. A Vermont resident complained labels were intentionally confusing, writing to a magazine that “many bottles have NO DEPOSIT NO RETURN cast into their sides, but have the deposit notice on the bottom.” New York, after passing its bottle bill in 1982, required the adoption of reverse vending machines, where consumers could return bottles and cans and claim their deposits. A Norwegian company tried to introduce them, but Coke argued the scanning technology would be unable to distinguish among brands, making it impossible for companies to know how much they owed.
Container deposit laws are common in Europe. For Scandinavians, “returning your empty bottles to the store is a perfectly normal, everyday activity” for everyone from hungover students to kids seeking pocket money and families heading to the grocery store, environmental historian Finn Arne Jørgensen wrote. The same is true in Germany, which — with a twenty‑five euro cent deposit on plastic bottles — gets 98 percent back.
But around the world, industry continues to fight such laws. In Australia, a New South Wales lawmaker said a lobbyist for food, drink, and packaging companies had threatened a $4 million ad campaign against the Liberal and National parties ahead of 2011 elections if they backed a container deposit proposal. The politician, Catherine Cusack, called it “a nasty experience” that was “one of my worst moments in the job.” The Liberals dropped their bottle bill, although New South Wales, Australia’s most populous state, passed one a few years later. In Edinburgh, Coke lobbied against a mandatory bottle deposit plan, arguing that “consumers don’t want” such a law, even as a poll found three‑quarters of Scots supported the idea. The measure passed in 2019, but its start date was repeatedly postponed, in part because of disputes with Britain’s Conservative national government, which said its details needed to align more closely with England’s plans. (England, Scotland, and Northern Ireland later moved to begin requiring deposits in 2027.)
When it comes to bottle bills, industry has won even where it’s lost. For the most part, they’ve become a way to get containers back for recycling, not a means of returning to the old system of refill and reuse. Companies had managed to “shut down debate over whether disposable beverage containers were a good idea in the first place,” one writer observed. Vermont’s original 1953 law had “required manufacturers to accept and refill their empties. No one’s talking about that now.”
From PLASTIC INC.: The Secret History and Shocking Future of Big Oil’s Biggest Bet by Beth Gardiner. Published by Avery, an imprint of Penguin Publishing Group, a division of Penguin Random House, LLC. Copyright © 2026 by Beth Gardiner.
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